Friday, October 14, 2011

B.C. judges take provincial government to court

B.C. judges take provincial government to court

Posted: Oct 14, 2011 6:06 AM PT 

Last Updated: Oct 14, 2011 1:27 PM PT 

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Provincial court judges are taking the B.C. government to court, arguing that the provincial government was irrational and unreasonable when it denied them a pay raise that wouldn't even come into effect for another 18 months.
A Judges Compensation Commission reported back to government last year, recommending a salary increase in April 2013 equivalent to the increase in the cost of living in B.C. since April 2010, along with some pension plan improvements.
The government rejected the recommendation, saying that because other civil servants’ compensation was tied to judges’ salaries, it would be too expensive.
According to a lawsuit filed in B.C. Supreme Court, the judges argue that the province’s rejection was unreasonable.
The judges say that the government policy of holding back wage increases across the board shouldn't apply to them because they're not public sector employees, but are an independent branch of government.
The judges also point to an ever-increasing workload and a salary gap between themselves and their counterparts in the B.C. Supreme Court.
The government argued in May that provincial court judges in the last several years had received significant increases in salary — rising by more than 40 per cent to $231,138 in 2010 from $161,250 in 2004.
As of May 2010, there were 111 full-time and 35 part-time provincial court judges in 88 communities throughout B.C.
The provincial government hasn't filed a statement of defence to the legal action, which was filed with the court on Wednesday.
But at the legislature in Victoria on Friday, B.C. Attorney General Shirley Bond said she's disappointed provincial judges are suing her ministry, but the government will be vigorously defending itself against this lawsuit.
"The rationale that the government had for rejecting the recommendation is clearly outlined in Hansard. It was debated publicly in the legislature, so I'm disappointed. But obviously as a matter before the courts, I can't discuss the specifics of what the discussion will be before the courts," she said.
With files from the CBC's Ben Hadaway