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| Re Remuneration of Judges (No. 2) ： ウィキペディア英語版 |
Reference Re Remuneration of Judges (No 2)
''Reference Re Remuneration of Judges (No 2)''〔''Re Remuneration of Judges (No. 2)'' is the name by which Professor Peter Hogg calls the case; see Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 187. He refers to the original Provincial Judges Reference as ''Re Remuneration of Judges'' on that page. The Supreme Court itself cites the 1998 decision as Ref. re Remuneration of Judges of Prov. Court of Prince Edward Island; Ref. re Independence & Impartiality of Judges of Prov. Court of Prince Edward Island; R. v. Campbell; R. v. Ekmecic; R. v. Wickman; Manitoba Prov. Judges Assn. v. Manitoba (Min. of Justice), () 1 S.C.R. 3.〕 () 1 S.C.R. 3 was a decision by the Supreme Court of Canada addressing questions regarding the 1997 Provincial Judges Reference, also known as ''Re Remuneration of Judges.''〔 Since the Supreme Court, in 1997, found independent committees were needed to help determine judicial salaries, the Court now had to address challenges regarding the creation of such committees.
==Background==
In the ''Provincial Judges Reference'' of 1997, the Court found that Alberta, Manitoba and Prince Edward Island's remuneration of Provincial Court judges was unconstitutional, since it breached a requirement for judicial independence. The Court said that independent salary commissions were needed to help recommend salaries, and governments could deviate from these recommendations only with rational reasons. Since Alberta and Prince Edward Island did not have such commissions, while Manitoba did but did not consult its commission, their actions regarding remuneration were deemed invalid.
The decision created certain challenges, and the governments of Alberta, Manitoba and Prince Edward Island had to approach the Court again for a solution. Since section 11(d) of the Canadian Charter of Rights and Freedoms guarantees a right to be tried before an independent tribunal, and in 1997 the Court decided the Provincial Courts of these three provinces were not independent, the decision threw many criminal law cases into question. Moreover, some governments needed time to set up commissions.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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