VANCOUVER – The B.C. Supreme Court has ordered the provincial government to hand over a cabinet briefing document connected to a pay dispute with provincial court judges.
The issue erupted last May when the legislature rejected seven of 15 recommendations, including a pay raise, made by an independent commission known as the Judges Compensation Committee.
In October, the Provincial Court Judges Association challenged that decision, launching a judicial review in B.C. Supreme Court.
As part of its challenge, the association sought a briefing document that was written by Neil Reimer, a senior policy and legislation analyst with the Attorney General’s Ministry, and used by cabinet members in coming to a decision.
Cabinet documents are normally privileged under a common-law doctrine known as public interest immunity.
In his Feb. 17 ruling, Judge Malcolm Macaulay ordered the Attorney General’s Ministry to hand over the document for transparency reasons.
“Given the inherently political decisions that are a necessary part of the process of setting judges’ remuneration and related matters, confidence requires as much transparency as possible,” Macaulay said.
Attorney General Shirley Bond declined to comment Monday on the ruling, saying the issue is still before the courts.
“Compensation for provincial court judges is reviewed every third year by commissions that are independent of government,” she said in an email.
“This is consistent with the approach used in other Canadian jurisdictions. The independence of the judiciary requires that government and judges do not engage in direct negotiations over judges’ compensation.”
According to court documents, the provincial government cited public interest immunity in its objection to the association’s request, which it called a fishing expedition and inappropriate.
The government argued the action is a just judicial review, not a court action that requires the release of documents through a process known as discovery.
Bruce Elwood, lawyer for the judges’ association, said he has yet to see the document but noted its release is uncommon.
He said the judicial review will take place in early April.
Before the legislature turned down its recommendations, the compensation committee suggested judges receive no pay increase for two years because of the provincial deficit.
The provincial government said judges, like other public-sector workers, couldn’t get a pay increase during the government’s net-zero mandate.
The judges argued they are not public-sector employees but members of an independent branch of the government.
Local news from metronews.ca/vancouver
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