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Judges' pay may not be revealed until June
Justice must review decision first

Simon Whitehouse
Northern News Services
Published Thursday, April 12, 2012

SOMBA K'E/YELLOWKNIFE
The judicial commission reviewing the pay of territorial court judges have made up their minds on the judges' request for a 13.6 per cent pay hike, but the commission's chair says it may be another two months before that information is disclosed to the public.

NNSL photo/graphic

Gerry Avery, left, chair David Gilday, and Dave McPherson of the Judicial Remuneration Commission listened to the case made for a 13.6 per cent raise for territorial court judges Saturday morning. The hearing was held at the Genesis Room in the Nunasi Building on 48 Street. - NNSL file photo

The three-person tribunal, chaired by longtime resident David Gilday, has until April 1 to come up with a decision. Any pay increases awarded will be retroactive to that date.

A lawyer representing the four territorial court judges – chief judge Robert Gorin, Bernadette Schmaltz, Christine Gagnon, and Garth Malakoe – requested a 13.6 increase for this year followed by annual increases tied to the consumer price index for three years after that at a commission hearing Feb. 25.

The judges' lawyer, Glenn Tait, argued that the pay of territorial court judges has fallen recent years from being at the very top in 2000 to fifth place nationwide today. If approved, the 13.6 per cent would add $31,745 to their current salaries of $233,255.

Gilday said the commission's final report is nearly complete but it must be reviewed by Justice Minister Glen Abernethy before it can be made available to the public.

"We know where we are going," he said. "It is just a matter of writing the report and getting the right words down."

Commission member MacPherson said one final meeting among the panel members is required to finalize their report.

“I have the (draft) final report on my desk here,” he said. “It is just a matter of the three of us getting together and giving it one last okay and signing it and giving it to the government.”

Gilday says the commission has given consideration to all arguments put forward and expects this will be outlined in a report under 20 pages long after it's complete. Among the items that have been looked at include the judges' current salary, pension, time off, and comparative wages across the country.

"One of the primary points made by all parties is that judges -- because of their role in society – are not in a position to bargain or to be bargained to by the government,” said Gilday, pointing out that it makes judges' role unique compared, say, the Union of Northern Workers. "That is a pretty critical argument."

While the commission is under no obligation to grant a pay increase Gilday ensures their decision "won't be status quo.”

The commission, which includes third member Gerry Avery, will give its report to Abernethy for release to the legislative assembly, after which the the results will be made public. Because the assembly does not sit again until May 23, NWT residents may not get to see the final report until early June because the minister has 15 days to release it from the first day of sitting, according to the GNWT Territorial Judges Act.

The last time the commission met to decide the pay of territorial court judges – in 2007 – the commission opted to give them a flat yearly raise of $6,000. Judges had asked for a 12 per cent raise that year.

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