An association representing justices of the peace brought an application seeking a declaration that existing pension arrangements—under which justices of the peace participate in the provincial public servants’ pension plan—violate the constitutional principle of judicial independence.
The respondent argued that the application should not proceed because the issue was currently before the Justice of the Peace Remuneration Commission.
The court held that although it possessed inherent jurisdiction to determine constitutional questions, courts should ordinarily refrain from intervening before specialized administrative processes are completed.
Given that the Commission was actively considering the same issue and could provide an informed report, the court found the application premature.
The application was therefore adjourned pending the Commission’s report.
