The rag is burning between Quebec and the judges of the Administrative Tribunal of Quebec. After years of fruitless discussions, the judges took a gamble and turned to the Superior Court in the hope of obtaining an independent mechanism to set their remuneration. Some keys to understanding this unusual standoff.
Published at 5:00 a.m.
What is the Administrative Tribunal of Quebec?
The Administrative Tribunal of Quebec (TAQ) has 11,000 hearings per year and 137 administrative judges appointed by the Quebec government. The Tribunal has four divisions: social affairs, real estate affairs, economic affairs and territory and environment. The requests handled by the judges cast a wide net, including matters of social assistance, mental health, expropriation and environmental protection. The majority of TAQ decisions are final.
Why are administrative judges unhappy?
Because the government unilaterally sets their working conditions without any negotiation. However, judges of the Court of Quebec, Crown prosecutors and state jurists all benefit from some sort of independent mechanism for setting their remuneration. Administrative judges are treated according to the salary scale of civil service executives. According to them, administrative judges are therefore at the “complete mercy” of the salary granted to executives by the government, while their tasks have no connection.
Are administrative judges well paid?
It depends on the point of view. With a salary that generally ranges between $159,000 and $169,000, administrative judges earn a very good living. But if we compare with their peers, they are undoubtedly underpaid. A judge of the Court of Quebec receives almost double their salary. Even government lawyers now have a salary equivalent to, or even higher than, that of the judge who will hear their case. Administrative judges speak of a “substantial and continuous deterioration” of their remuneration for two decades.
What are administrative judges demanding?
An independent mechanism to determine their remuneration. According to administrative judges, a direct negotiation with the State could undermine public trust, since a negotiation necessarily involves a form of bargaining. You should know that administrative judges decide disputes involving the State on a daily basis. It is therefore essential for administrative judges to preserve their independence from the government, otherwise the public could believe that they can be influenced, they argue.
What are they asking the Superior Court to do?
The Association of Administrative Judges of the Administrative Tribunal of Quebec filed a motion this week before the Superior Court of Quebec. The Association maintains that the current situation violates the freedom of association of administrative judges under the Canadian and Quebec charters. Thus, the Association is asking to declare certain articles of law inoperative and to grant a period of six months to the Minister of Justice to set up an independent committee to determine the remuneration of TAQ judges retroactively.
Are relations between the government and other administrative judges better?
Not really. The Conference of Administrative Judges of Quebec, which represents judges from 13 other courts, is seriously considering filing a similar request. Ditto for judges of the Administrative Labor Tribunal (TAT), Occupational Health and Safety Division. This fall, they even tried to strike to denounce the impasse in their discussions with the government. An unprecedented gesture. However, the Superior Court of Quebec prevented them from doing so due to the harmful consequences for citizens. An injunction still in force.
With the collaboration of Tommy Chouinard, The Press
