Judicial compensation in Canada : an examination of the judicial compensation experience in selected Canadian jurisdictions 1990-2010
Bibliographic record
Abstract
The issue of judicial compensation is fundamentally marked by the challenge of balancing two constitutional imperatives: judicial independence, and the ability of governments to control public expenditures. This challenge is not a new one; it first emerged in the common law world with the development of an independent judiciary and remains to this day. In Canada, the strain between judges and governments over judicial compensation reached its apex in the mid-1990’s when government restraint measures freezing or reducing judges’ compensation were met with court challenges by provincial court judges. These challenges led to a seminal 1997 Supreme Court of Canada decision in which the Supreme Court attempted to reduce the strain in judge-government relationships by mandating a judicial compensation process (JCC) to determine all judicial compensation issues. However, the Supreme Court’s 1997 intervention was initially followed by even more judicial compensation litigation. Consequently, in a second intervention in 2005 the Supreme Court clarified the principles of the JCC process in the hope of achieving its original goal of reducing strain in judge-government judicial compensation relationships. This thesis examines the experience with judicial compensation in six Canadian jurisdictions between 1990 and 2010. Part I sets out the historical and jurisprudential context for judicial compensation in Canada. Part II offers a detailed examination of the judicial compensation experience in five provinces (British Columbia, Alberta, Ontario, Quebec and Nova Scotia) and the federal jurisdiction from 1990-2010, with particular attention to three periods: the first period preceding the Supreme Court’s first intervention mandating JCC’s in 1997, the second period occurring after this first intervention until 2005, and the third period arising after the Supreme Court’s second intervention clarifying the JCC process in 2005. These examinations consist of constructing a judicial compensation narrative for each jurisdiction and then quantitatively measuring changes in judge-government judicial compensation relationships in the three periods. In Part III this thesis concludes that the Supreme Court’s 1997 and 2005 interventions were ultimately followed by reduced tension in judge-government judicial compensation relationships, in marked contrast with the strain that characterized these relationships before the introduction of JCC’s in the mid-1990’s.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.004 | 0.009 |
| Science and technology studies | 0.029 | 0.005 |
| Scholarly communication | 0.005 | 0.001 |
| Open science | 0.002 | 0.003 |
| Research integrity | 0.002 | 0.003 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".