Court orders province to reconsider rejected pay raise for Nova Scotia judges

The tribunal recommended a pay raise of about 9.5 per cent over three years for the period covering April 1, 2017 to March 31, 2020.

A Nova Scotia Supreme Court judge has ruled the provincial government needs to reconsider a 2017 decision that denied provincial court judges a pay raise.

In a written decision dated March 31, Justice Ann Smith says the Liberal government of former premier Stephen McNeil “failed to articulate rational and legitimate reasons” for rejecting a salary increase that was determined by an arm’s-length tribunal in November 2016.

The tribunal recommended a raise of about 9.5 per cent over three years for the period covering April 1, 2017 to March 31, 2020.

After the recommendation, the McNeil government stripped the tribunal of its authority to impose binding settlements and it imposed a wage settlement in 2017.

That settlement called for no increases in the first two years and a one per cent increase in the third year.

Smith says McNeil’s government failed to live up its constitutional obligations and didn’t act in good faith when it comes to setting judicial compensation.

“Failing agreement between the parties, the court will receive written submissions within one month of the date of this decision,” Smith wrote.

This report by The Canadian Press was first published April, 6, 2022.