Debates of March 6, 2018 (day 20)

Date
March
6
2018
Session
18th Assembly, 3rd Session
Day
20
Members Present
Hon. Glen Abernethy, Mr. Beaulieu, Hon. Caroline Cochrane, Ms. Green, Hon. Jackson Lafferty, Hon. Bob McLeod, Hon. Robert McLeod, Mr. McNeely, Hon. Alfred Moses, Mr. Nadli, Mr. Nakimayak, Mr. O'Reilly, Hon. Wally Schumann, Hon. Louis Sebert, Mr. Simpson, Mr. Testart, Mr. Thompson, Mr. Vanthuyne
Topics
Statements

Thank you, Mr. Chair. On page 285, it talks about the justice of the peace program here. I know that we have seen raises for the judges and that. Has the justice of the peace program been looked at? Thank you, Mr. Chair.

Thank you. Minister.

I don't think that has been looked at recently. Thank you, Mr. Chair.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. How do the justice of the peace increments occur? Thank you, Mr. Chair.

Thank you. Minister.

I am not aware of increments being paid on the basis of experience. I know that, certainly, the responsibilities of the justice of the peace move up as they take on more responsibilities.

I will get back to the Member on that, should he wish, but we think that the rates of pay might be set by regulation. I will look into that and get back to the Member.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. I appreciate the Minister giving me that commitment to get back to me on it. From my understanding, they have regulations, but it is never incremented the way the judges are. There is an increment paid, and they come back and do it. When was the last time that justices of the peace have seen an increase for their valuable work? Thank you, Mr. Chair.

Thank you. Minister.

Thank you. I simply don't have that information before me. Thank you, Mr. Chair.

Thank you. Mr. Thompson.

Thank you, Mr. Chair, and I appreciate that. Will the Minister make a commitment to get back to committee with that information? Thank you, Mr. Chair.

Thank you. Minister.

Yes, thank you, Mr. Chair. I think we can make that commitment that we will get back to committee or the Member with that information. I think we can probably obtain it fairly easily. Thank you.

Thank you, Minister. Just to reiterate for the record, you think you can get it back to the Member or committee. Would you please commit to either getting it back to the Member or getting it back to the committee? The Member is looking for a commitment. Minister.

I can get back to committee. Thank you.

You commit to getting it back to the committee. Is that correct, Minister?

Yes that is correct. Thank you.

Thank you, Minister. Mr. Thompson.

Thank you, Mr. Chair. I appreciate the Minister making that commitment on that. In regard to that, is there a plan in place to address this incrementation for JPs so that it is reviewed at the same time that judges are or something like that? Thank you, Mr. Chair.

Thank you. Minister.

Thank you, Mr. Chair. There is no current plan to do that. It is important to remember that judges' salaries are set by a committee. Thank you.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. I appreciate that. I apologize to the Minister. I didn't hear that correctly. Could he say it again? Thank you, Mr. Chair.

Thank you, Mr. Thompson. Minister.

Yes. The judges' salaries go to a committee, called a Judicial Remuneration Committee, to remove the political element from what otherwise might be negotiations, but we aren't contemplating a similar system for the justices of the peace at this time or a review of their salaries or payments at this time. Thank you.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. Yes, I am well aware of the process, and I thank the Minister for telling us that. Are we going to be using this committee, or is the department going to be reviewing this issue? Thank you, Mr. Chair.

Thank you. Minister.

No, we wouldn't be using the Judicial Remuneration Committee to examine the salaries, but we will examine what the current salary situation is. Thank you.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. Is there a rationale as to why they are not going to use this committee? I mean, it is trying to make it depoliticalized. Thank you, Mr. Chair.

Thank you. Minister.

Thank you, Mr. Chair. There is a long history of the separation of the executive and the legislature from the judiciary, and, for that reason, the judges' salaries that would otherwise be subject to negotiation are sent to this committee, and they propose a recommendation, which we follow. I wouldn't propose to do that for a justice of the peace. Thank you.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. Is this the Minister's decision, or is this the department's decision, or is this a judicial decision? I guess I will ask that question first.

Thank you. Minister.

Yes. Certainly, we are willing to look at the system. As I mentioned previously, I don't think sending this to the Judicial Remuneration Committee would be appropriate, but we will look at it. Thank you.

Thank you. Mr. Thompson.

Thank you, Mr. Chair. I realize the Minister may not have this answer. Will the Minister be able to give us a history of how the increments have been done in the past? Thank you, Mr. Chair.

Thank you, Mr. Thompson. Minister.

Yes, Mr. Chair. I think we could provide a history of when the rates changed over time, going back some time. I am not sure how long. Thank you.

Thank you, and I appreciate the Minister and the department for being able to do that. Will they be able to tell us how they developed these rates, whether it was the department or the use of different mechanisms? Thank you, Mr. Chair.

Thank you. Minister.

Well, I assume that the rates were established by the department in looking at other similar positions or perhaps even other jurisdictions, but I am not certain. I am not certain when the regulations or however the manner in which the JPs are paid were last established, so it might be a little difficult to search our records as to the methodology, but I can simply tell the Member that we will look into it. Thank you.

Thank you. Mr. Thompson. Nothing further from Mr. Thompson. Justice, court services, operations expenditure summary -- each Member can speak once to a section. Mr. O'Reilly, if you have a brief follow-up question, I will allow it. Mr. O'Reilly.

Thanks, Mr. Chair. It is not a follow-up question, but can the Minister give us an update on the status of the public resource centre that was committed to replace the court library? Thanks, Mr. Chair.

Thank you, Mr. O'Reilly. I am sure the Minister is well-prepared for this one. Minister.