A powerful analysis of judicial independence, judges’ compensation, and the tensions that arise when courts engage in policy-making.

Following the 1982 Charter of Rights and Freedoms, disputes over judicial pay were central to the Supreme Court of Canada’s jurisprudence on judicial independence, culminating in the Provincial Judges Reference in 1997. That case laid the groundwork for the recognition of unwritten constitutional principles, including the constitutional recognition of judicial independence. It also mandated judicial remuneration commissions across the country in a matter that was highly problematic, both as a matter of constitutional interpretation and of policy-making.

Judicial Pay and Politics traces the evolution of judicial independence in Canada from Confederation onward, deftly laying out the historical, political, and legal context for the reference. Adam Dodek explains why the reference dominated constitutional discourse and litigation for a generation and why it failed to depoliticize relations between governments and the judiciary. It is ultimately a cautionary account of judicial overreach.