The respondent, a Quebec Superior Court judge, challenged the constitutional validity of s. 29.1 of the Judges Act, which required judges appointed after February 16, 1975, to contribute a higher percentage of their salary toward their pensions than those appointed before that date.
The respondent argued this violated the principle of judicial independence under s. 100 of the Constitution Act, 1867, and the right to equality before the law under s. 1(b) of the Canadian Bill of Rights.
The Supreme Court of Canada held that the contributory pension scheme did not interfere with judicial independence, as it merely treated judges in accordance with standard pension schemes and did not diminish their overall financial position.
The Court also found no violation of the Canadian Bill of Rights, concluding that the legislation pursued a valid federal objective and the cut-off date chosen by Parliament was not discriminatory.
