SSuubbmmiissssiioonn ttoo tthhee SSaasskkaattcchheewwaann PPrroovviinncciiaall CCoouurrtt CCoommmmiissssiioonn Saskatchewan Provincial Court Judges Association November 21, 2011 2011 Provincial Court Commission November 2011 Submission of the The Saskatchewan Provincial Court Judges’ Association Table of Contents Page Part I Introduction . .. 1 Part II Provincial Court Of Saskatchewan – An Overview . 2 A. Circuit Map . 3.1 Part III Mandate of the Provincial Court Commission . 7 Part IV Factors for Consideration . 13 A. The Trial Judges’ Role and Judicial Independence . 13 1. Responsibilities of a Trial Court Judge . 13 2. The Provincial Court and Judicial Independence . 19 3. The Work of the Provincial Court. .22 i. Criminal Jurisdiction . 23 ii. New Offences and Legislative Requirements . 25 iii. Criminal Division Workload . 35 a) The Judicial Complement . 35 b) Crime Rate in Saskatchewan . .37 iv. Civil Jurisdiction . .40 v. Family Jurisdiction . .46 vi. Youth Criminal Justice Act Jurisdiction . 47 vii. The Public We Serve . 49 a) Unrepresented and Self Represented Persons . 49 b) First Appearances in Provincial Court . .50 i SPCJA Submission to the Saskatchewan Provincial Court Commission November 2011 c) Emotional Problems, Learning Disorders and Mental Health Disabilities . .51 d) Literacy Problems . 52 e) Gladue Inquiries. 52 f) French Trials and Interpreters. 52 h) Spotlight in the Media. 53 viii. Accessibility . .57 B. Attracting the Most Qualified Applicants. .63 1. Tax Implications for Private Practitioners . 76 C. Economic and Market Factors. .78 1. Saskatchewan - Leading the Nation . 78 2. Cost of Living in Saskatchewan. .82 D. Salaries Paid to Other Trial Judges in Saskatchewan . 84 E. Salaries Paid to Other Trial Judges in Canada. 90 Part V Recommendations . .93 A. Salaries. 93 1. Puisne Judges. 93 2. Chief Judge, Associate and Administrative Judges . .94 3. Temporary Judge Remuneration. 95 B. 100% Pension Indexing . 96 C. Medical, Drug, Dental, and Eye Care Benefits. 99 1. Full Time Judges. .99 i. Enhanced Medical, Drug, Dental, and Eye Care Benefits. 99 ii. Flexible Health Care Allowance. 99 2. Retired Judges. 100 D. Review Spousal/Survivor/Dependant Pension Benefits. 105 ii SPCJA Submission to the Saskatchewan Provincial Court Commission November 2011 E. Professional Allowance . 106 1. Enhancing the Professional Allowance. 106 2. Fund for Court Attire. .106 F. Sabbatical for the Office of the Chief Judge . .107 G. Legislative Review. 108 1. Increase the Retirement Age from 65 to 70. 108 2. Senior Judges Program. 108 3. Indemnification Agreement. 108 4. General Legislative Review. .109 Part VI Costs . .110 Part VII Summary of SPCJA Recommendations. .111 Part VIII Appendix . 115 iii SPCJA Submission to the Saskatchewan Provincial Court Commission November 2011 Part II A. Circuit Map 4 or more visits/month 1 to 4 visits /month Up to 1 visit / month 3.1 SPCJA Submission to the Saskatchewan Provincial Court Commission November 2011 Part I Introduction 1. The mandate of this Provincial Court Commission is to make recommendations to the Minister concerning the appropriate remuneration for Judges of the Provincial Court of Saskatchewan (also referred to as the “Provincial Court” or the “Court”) for the three year period from April 1, 2012 to March 31, 2015. To assist the Commission with this task, the Saskatchewan Provincial Court Judges’ Association (hereinafter “SPCJA”) makes the following submissions. 2. Part II provides an overview of the Provincial Court of Saskatchewan and includes a map of the province which depicts the locations in the province where Judges of the Court regularly preside. 3. Part III discusses the mandate and contains an overview of the legal and legislative framework and the role of judicial compensation commissions generally. 4. Part IV discusses the Factors for Consideration by the Commission including: A. The Trial Judges’ Role and Judicial Independence Describes the work of the Court. 1 B. Attracting the Most Qualified Applicants Discusses the challenges faced by the Provincial Court in attracting the best applicants. C. Economic and Market Factors Saskatchewan continues to experience a strong economy and promising future. D. Salaries Paid to Other Trial Judges in Saskatchewan E. Salaries Paid to Other Trial Judges in Canada 2 F. Remuneration of Senior Members of the Legal Profession 5. Part V details the SPCJA’s recommendations to this Commission. 6. Part VI addresses the costs of preparing for and appearing before this Commission. 7. Part VII provides a summary of the SPCJA recommendations. 8. Part VIII is the Appendix which includes a number of the documents referred to in this brief. 1 Factors B. Attracting the Most Qualified Applicants and F. Remuneration of Senior Members of the Legal Profession are discussed together under B. 2 As above, Factors B and F are discussed under B. 1 SPCJA Submission to the Saskatchewan Provincial Court Commission November 2011 3 Part II Provincial Court of Saskatchewan – An Overview Complement of 48 Judges 9. The Saskatchewan Provincial Court Judges Association (SPCJA) represents all Judges of the Provincial Court in Saskatchewan. There are 48 Judges4, resident in 13 Judicial Centers, holding Court in 66 additional circuit points across the Province for a total of 79 Court points. 10. The current average age of all Judges on the Court is 585. The average age at appointment of Judges currently on the Court is 47. The average age at appointment over the last 10 years has been increasing and is now at 50.6 11. The Chief Judge, two Associate Chief Judges and six Administrative Judges are responsible for the administration of the Court: Chief Judge Carol A. Snell Associate Chief Judge Clifford C. Toth Associate Chief Judge Marty D. Irwin Administrative Judges: Prince Albert – Judge Hugh M. Harradence Regina – Judge Murray J. Hinds Saskatoon – Judge Albert Lavoie Aboriginal Issues – Judge Gerald M. Morin Civil Division – Judge Robert D. Jackson Security & Facilities – Judge Bruce D. Henning 12. The Provincial Court is a hard working court. As one might expect given the high volume of cases, the number of judicial centres and additional circuit points, the administrative demands upon the court and the individual judges charged with administration, is considerable. These administrative duties are carried out for the most part, over and above the judicial responsibilities of the individual Judge. The Judges are assisted in carrying out those administrative duties by staff persons in the Chief Judge’s Office in Regina (6), 7 Saskatoon (2) and Prince Albert (1). 3 More information about the Provincial Court is available on its website: www.sasklawcourts.ca 4 Judge Mary Ellen Turpel-Lafond and Judge David Arnot are on leave from the Court and not included in the total of 48 judges. 5 The average ages in this paragraph have been rounded up. 6 The Provincial Court Act requires a minimum of 10 years experience prior to appointment. Of the 48 judges, 13 are women. The SPCJA endorses the importance of working toward a judiciary which is representative of the people of Saskatchewan. See IV. B. Attracting the Most Qualified Applicants. 7 Regina staff: Executive Assistant to the Chief Judge, Executive Administrative Assistant, Administrative Assistant, Judges’ Secretary, Case Manager, Librarian, Registrar & Executive Legal Officer. Saskatoon staff: Case Manager and a Judicial Assistant. 2 SPCJA Submission to the Saskatchewan Provincial Court Commission November 2011 Part II Provincial Court of Saskatchewan – An Overview . continued 13. In smaller centres, outside Regina, Saskatoon and Prince Albert, individual Judges carry out many of the administrative duties as the Administrative Judges appointed to Regina, Saskatoon and Prince Albert, including management of the court diary, day to day direction and support of court staff, and overseeing the format and content of court documents and procedures. The Court is highly dependent upon the individual initiative of these and all of the Judges for the administration of the Court. 14. The number of Judges has been fairly constant for the last 33 years. From 1979, immediately following the establishment of the Court in 1978, to the present, the total complement has ranged between 41 and 49 and currently there are 48 Judges on the Court. In that same time frame however the workload, range and complexity of matters for judicial determination by 8 Judges of the Provincial Court has increased dramatically. 15. Under the direction of our Associate Chief Judges in Regina and Saskatoon, the Court employs two articling students per year. Judges of the Provincial Court participate actively in education and community programs related to their work in Saskatchewan and across Canada. Jurisdiction of the Court 16. The Provincial Court has jurisdiction over matters of criminal law in proceedings affecting adults and in Youth Justice Court, affecting young persons, ages 12 to 17 inclusive. Judges outside Prince Albert, Saskatoon, and Regina also preside over family law matters of provincial jurisdiction. The Court has jurisdiction, throughout the province, over claims 9 pursuant to The Small Claims Act up to $20,000.00. 17. Outside the Judicial Centres of Regina and Saskatoon, prosecution of matters under The Summary Offence Procedures Act, notably, matters under The Traffic Safety Act are presided over by Judges of the Provincial Court. For many years Justices of the Peace have presided in Traffic Court in Regina and Saskatoon. 18. In its 2009 Report the Provincial Court Commission noted: The Provincial Court plays a vital role in the administration of justice in Saskatchewan. Charged with the immense responsibility . it presides over the vast majority of criminal and civil claims in Saskatchewan. While its jurisdiction and workload in criminal and civil matters has consistently increased, it has responded to Prince Albert staff: Judicial Assistant Some staff persons devote most of their time to secretarial assistance including the preparation of judgments. 8 See IV. A. 3. The Work of the Provincial Court. 9 Jurisdiction will be discussed in greater detail in The Work of the Provincial Court at IV.