Ref. re Remuneration of Judges of Prov. Court of PEI; Ref. re Independence & Impartiality of Judges of Prov. Court of PEI; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice)

Ref. re Remuneration of Judges of Prov. Court of PEI; Ref. re Independence & Impartiality of Judges of Prov. Court of PEI; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice) Collection Supreme Court Judgments Date 1998-09-15 Report [1998] 2 SCR 443 Case number 24508, 24778 Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank On appeal from Prince Edward Island Subjects Action Notes SCC Case Information: 24508, 24778 Decision Content 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] 1 S.C.R. 3, of a judgment of the Supreme Court of Canada, [1997] 3 S.C.R. 3. Motion granted. JUDGMENT 1 On 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. 2 This 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. 3 The motion is granted. Motion granted. Solicitor for the appellants in the P.E.I. references: Peter C. Ghiz, Charlottetown. Solicitors for the respondent Wickman: Gunn & Prithipaul, Edmonton. Solicitors for the appellants the Judges of the Provincial Court of Manitoba: Myers Weinberg Kussin Weinstein Bryk, Winnipeg. Solicitor for the intervener the Attorney General of Canada: The Deputy Attorney General of Canada, Ottawa. Solicitor for the intervener the Attorney General of Quebec: The Department of Justice, Sainte‑Foy. Solicitor for the intervener the Attorney General of Manitoba: The Department of Justice, Winnipeg. Solicitors for the intervener the Attorney General of Prince Edward Island: Stewart McKelvey Stirling Scales, Charlottetown. Solicitor for the intervener the Attorney General for Saskatchewan: The Department of Justice, Regina. Solicitor for the intervener the Attorney General for Alberta: The Department of Justice, Edmonton. Solicitors for the intervener the Canadian Association of Provincial Court Judges: Myers Weinberg Kussin Weinstein Bryk, Winnipeg. Solicitors for the intervener the Canadian Judges Conference: Ogilvy Renault, Montréal. Solicitors for the intervener the Conférence des juges du Québec: Langlois Gaudreau, Montréal. Solicitors for the intervener the Alberta Provincial Judges’ Association: Bennett Jones Verchere, Calgary. Solicitor for the Attorney General of British Columbia: The Ministry of the Attorney General, Victoria. Solicitor for the Attorney General of Newfoundland: The Department of Justice, St-John’s.