Beauregard v Canada [1986] 2 S.C.R. 56 was a decision by the Supreme Court of Canada on judicial independence. Notably, the Court found that judicial independence is based partly on an unwritten constitution, and that some institutional independence is needed so that judges can guard the Constitution of Canada. These findings were repeated, with far-reaching consequences, in the Provincial Judges Reference (1997).
Background
The case concerned section 100 of the Constitution Act, 1867. As part of a guarantee of judicial independence for federally appointed judges, the section provides that "The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada." A salary fixed by the Parliament of Canada was preferable to a salary fixed by the executive. In 1975, Parliament began to expect judges to contribute to pension costs, and a Statute Law (Superannuation) Amendment Act, 1975 was introduced. The statute dictated that judges appointed prior to February 17, 1975, should contribute 1.5% of their pay to pension costs, and judges appointed after that day would contribute 6%.
Justice Marc Beauregard, who was appointed to the Quebec Superior Court in July 1975, did not immediately have to contribute 6% since the Statute Law (Superannuation) Amendment Act was not yet officially enacted. This changed in December 1975, and Beauregard challenged the law as contrary to section 100 of the Constitution Act, 1867. He also claimed his equality rights under the Canadian Bill of Rights were infringed because he was being treated differently from other judges.
Decision
The majority of the Supreme Court, whose opinion was written by Chief Justice Brian Dickson, rejected the constitutional challenge. In interpreting section 100, the Court noted that section 100 ensures federal judges will receive a salary and pension. In terms of Canadian federalism, it gave the responsibility of remuneration to the federal government. In terms of separation of powers, it gave the responsibility to Parliament and not the executive. Justice Beauregard argued section 100 also had the effect of prohibiting the lessening of benefits once they had already been granted, provided that judges should not have to contribute toward their pensions, provided that such contributions should not be taken away from salaries.
The Court noted the previous landmark judicial independence case, Valente v. The Queen (1985), established that independence belongs both to a judge and to a court as a whole. The Court now explained that this interpretation of independence was appropriate considering the roles of courts. While one role is to resolve conflicts, another was to guard the Constitution and constitutional values of the rule of law and fundamental justice. Thus, judicial independence is the "lifeblood of constitutionalism in democratic societies." The Court then explained judicial independence in Canada has more than one basis. One was the existence of federalism, as courts were needed to clarify jurisdictions, especially since Parliament no longer used its power to decide such questions, disallowance. The existence of the Canadian Charter of Rights and Freedoms, since 1982, also implies judicial independence is necessary to guard rights. Another source of judicial independence could be found in the preamble to the Constitution Act, 1867. It stated the Constitution of Canada should be "similar in Principle" to the Constitution of the United Kingdom, and judicial independence was a constitutional principle in the United Kingdom. Sections 96 to 100 of the Constitution Act, 1867 were another source.
Regarding this case, the Court noted that while traditionally judicial independence protects courts from the executive, the relationship between courts and legislatures was now at issue. This case also concerned financial security, which Dickson acknowledged was a part of judicial independence since the Act of Settlement 1701 and was reaffirmed by Valente.