re Remuneration of Judges of the Provincial Court (P.E.I.), [1998] 2 S.C.R. 443

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 CanLII 833 (SCC), [1998] 1 S.C.R. 3, of a judgment of the Supreme Court of Canada, 1997 CanLII 317 (SCC), [1997] 3 S.C.R. 3. Motion granted.

JUDGMENT

1On 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.

2This 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.

3The motion is granted.