Ref. re Remuneration of Judges of Prov. Court of PEI; Ref. re Independence & Impartiality of Judges of Prov. Court of PEI; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice)

Ref. re Remuneration of Judges of Prov. Court of PEI; Ref. re Independence & Impartiality of Judges of Prov. Court of PEI; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice)
Collection
Supreme Court Judgments
Date
1998-09-15
Report
[1998] 2 SCR 443
Case number
24508, 24778
Judges
Lamer, Antonio; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank
On appeal from
Prince Edward Island
Subjects
Action
Notes
SCC Case Information: 24508, 24778
Decision Content
Reference re Remuneration of Judges of the Provincial Court (P.E.I.), [1998] 2 S.C.R. 443
IN THE MATTER of a Reference from the Lieutenant Governor in Council pursuant to Section 18 of the Supreme Court Act, R.S.P.E.I. 1988, Cap. S‑10, Regarding the Remuneration of Judges of the Provincial Court of Prince Edward Island and the Jurisdiction of the Legislature in Respect Thereof
and
IN THE MATTER of a Reference from the Lieutenant Governor in Council pursuant to Section 18 of the Supreme Court Act, R.S.P.E.I. 1988, Cap. S‑10, Regarding the Independence and Impartiality of Judges of the Provincial Court of Prince Edward Island
Merlin McDonald, Omer Pineau and Robert Christie Appellants
v.
The Attorney General of Prince Edward Island Respondent
and
The Attorney General of Canada,
the Attorney General of Quebec,
the Attorney General of Manitoba,
the Attorney General for Saskatchewan,
the Attorney General for Alberta,
the Canadian Association of Provincial Court Judges,
the Conférence des juges du Québec,
the Saskatchewan Provincial Court Judges Association,
the Alberta Provincial Judges’ Association,
the Canadian Bar Association and
the Federation of Law Societies of Canada Interveners
Indexed as: Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island; Reference re Independence and Impartiality of Judges of the Provincial Court of Prince Edward Island
File Nos.: 24508, 24778.
____________
Her Majesty The Queen Appellant
v.
Shawn Carl Campbell Respondent
and between
Her Majesty The Queen Appellant
v.
Ivica Ekmecic Respondent
and between
Her Majesty The Queen Appellant
v.
Percy Dwight Wickman Respondent
and
The Attorney General of Canada,
the Attorney General of Quebec,
the Attorney General of Manitoba,
the Attorney General of Prince Edward Island,
the Attorney General for Saskatchewan,
the Canadian Association of Provincial Court Judges,
the Conférence des juges du Québec,
the Saskatchewan Provincial Court Judges Association,
the Alberta Provincial Judges’ Association,
the Canadian Bar Association and
the Federation of Law Societies of Canada Interveners
Indexed as: R. v. Campbell; R. v. Ekmecic; R. v. Wickman
File No.: 24831.
____________
The Judges of the Provincial Court of Manitoba
as represented by the Manitoba Provincial
Judges Association, Judge Marvin Garfinkel,
Judge Philip Ashdown, Judge Arnold Conner,
Judge Linda Giesbrecht, Judge Ronald Myers,
Judge Susan Devine and Judge Wesley Swail,
and the Judges of the Provincial Court of Manitoba
as represented by Judge Marvin Garfinkel,
Judge Philip Ashdown, Judge Arnold Conner,
Judge Linda Giesbrecht, Judge Ronald Myers,
Judge Susan Devine and Judge Wesley Swail Appellants
v.
Her Majesty The Queen in right of the
province of Manitoba as represented by
Rosemary Vodrey, the Minister of Justice and
the Attorney General of Manitoba, and
Darren Praznik, the Minister of Labour as
the Minister responsible for The Public
Sector Reduced Work Week and
Compensation Management Act Respondent
and
The Attorney General of Canada,
the Attorney General of Quebec,
the Attorney General of Prince Edward Island,
the Attorney General for Saskatchewan,
the Attorney General for Alberta,
the Canadian Judges Conference,
the Canadian Association of Provincial Court Judges,
the Conférence des juges du Québec,
the Saskatchewan Provincial Court Judges Association,
the Alberta Provincial Judges’ Association,
the Canadian Bar Association and
the Federation of Law Societies of Canada Interveners
Indexed as: Manitoba Provincial Judges Assn. v. Manitoba (Minister of Justice)
File No.: 24846.
1998: September 15.
Present: Lamer C.J. and L’Heureux‑Dubé, Gonthier, Cory and Iacobucci JJ.
motion to extend period of suspension
Judgments and orders -- Suspension of judgment -- Motion to extend period of suspension of judgment requested by Attorney General of Canada -- Motion granted.
MOTION to extend period of suspension, [1998] 1 S.C.R. 3, of a judgment of the Supreme Court of Canada, [1997] 3 S.C.R. 3. Motion granted.
JUDGMENT
1 On February 10, 1998, the Court granted a one-year suspension, from the date of its original decision, of the requirement for an independent, objective and effective process for setting judicial remuneration, in order to allow all governments time to comply with the constitutional requirements set out in the decision and to ensure that the orderly administration of justice was not disrupted in the interim. This transition period expires on September 18, 1998.
2 This motion before us by the Attorney General of Canada requests that the period of suspension be extended for a period of two months, or to the day Bill C-37 (An Act to Amend the Judges Act) receives Royal Assent, whichever is sooner.
3 The motion is granted.
Motion granted.
Solicitor for the appellants in the P.E.I. references: Peter C. Ghiz, Charlottetown.
Solicitors for the respondent Wickman: Gunn & Prithipaul, Edmonton.
Solicitors for the appellants the Judges of the Provincial Court of Manitoba: Myers Weinberg Kussin Weinstein Bryk, Winnipeg.
Solicitor for the intervener the Attorney General of Canada: The Deputy Attorney General of Canada, Ottawa.
Solicitor for the intervener the Attorney General of Quebec: The Department of Justice, Sainte‑Foy.
Solicitor for the intervener the Attorney General of Manitoba: The Department of Justice, Winnipeg.
Solicitors for the intervener the Attorney General of Prince Edward Island: Stewart McKelvey Stirling Scales, Charlottetown.
Solicitor for the intervener the Attorney General for Saskatchewan: The Department of Justice, Regina.
Solicitor for the intervener the Attorney General for Alberta: The Department of Justice, Edmonton.
Solicitors for the intervener the Canadian Association of Provincial Court Judges: Myers Weinberg Kussin Weinstein Bryk, Winnipeg.
Solicitors for the intervener the Canadian Judges Conference: Ogilvy Renault, Montréal.
Solicitors for the intervener the Conférence des juges du Québec: Langlois Gaudreau, Montréal.
Solicitors for the intervener the Alberta Provincial Judges’ Association: Bennett Jones Verchere, Calgary.
Solicitor for the Attorney General of British Columbia: The Ministry of the Attorney General, Victoria.
Solicitor for the Attorney General of Newfoundland: The Department of Justice, St-John’s.