The tone is rising between Quebec and administrative judges. Exasperated by the government’s intransigence, judges of the Administrative Labour Tribunal are threatening to hold days of strike action and stop signing their decisions. “Illegal” pressure tactics, Quebec denounces in a formal notice.
What you need to know
- Judges at the Administrative Labor Court have voted to hold a two-day strike this fall
- They are demanding a separate negotiation regime and salary increases.
- Quebec denounces the “illegal” pressure tactics of administrative judges
“The members have been quite patient. They are exasperated. We have been in more formal discussions with the government for two years. [sur nos conditions de travail] and nothing came of it,” M laments in an interviewe Marie-Claude Lavoie, President of the Association of Administrative Judges of the Administrative Labour Tribunal (TAT) – Occupational Health and Safety Division (DSST).
TAT-DSST judges hear more than 40,000 cases per year, mainly in the areas of occupational diseases and work accidents – for example, a worker injured at work who is denied compensation. Their decisions have an impact on thousands of workers and employers.
The approximately 100 judges in this association voted last August to hold strike days on September 30 and October 7. A right that they do not have – technically.
They were also to stop signing their decisions from September 5, which would have made their decisions inapplicable.
The judges, however, suspended what they called “protest” measures following a formal notice obtained by The Press in which Justice Department lawyers threatened them with lawsuits and ethics complaints.
According to Quebec, these measures constitute a “clear obstacle” to their responsibilities as administrative judges and contravene their ethical obligations to act with “honour”. In addition, these “illegal” pressure tactics “seriously” compromise the rights of citizens, write the government’s lawyers.
Even though their means of “protesting” are suspended, the judges are seriously considering going on strike if nothing changes in their exchanges with Quebec. “For the moment, the ball is in the government’s court,” maintains the president of the Association of Administrative Judges of the TAT-DSST.
More competitive salaries
In an open letter published Friday in the Dialogue section1the presidents of several associations of administrative judges accuse the Quebec government of “obstinately” refusing to implement measures to ensure the independence of their members. “Administrative judges […] should not have to “bargain” with the government to preserve their independence,” they write.
Administrative judges from 16 agencies and tribunals have long been calling for a negotiation regime specific to their reality, like government lawyers and common law judges. Quebec grants them the same salary increases granted to government executives, without any negotiation or consultation. They are therefore calling for an independent committee to examine their conditions.
“When you’re independent, you don’t negotiate your salary. It’s ridiculous that we’re the only group without a separate plan,” says Daniel Pelletier, president of the Conférence des juges administratifs du Québec (CJAQ), which brings together 300 of the province’s 400 administrative judges.
In addition, the salaries granted to administrative judges are no longer competitive, warns Daniel Pelletier. Under their new salary increases, state lawyers now earn more than many administrative judges: $165,000 for a government lawyer, compared to $159,000 to $169,000 for an administrative judge.
This poses a problem of quality and retention. For $4,000, why would a state lawyer apply for a judgeship? The remuneration of administrative judges must be adjusted. If you want quality, you have to recruit the best lawyers.
Daniel Pelletier, President of the Conference of Administrative Judges of Quebec
The experienced lawyer Me Marc Bellemare, who represents many citizens before the TAT, supports the administrative judges in their demands. “The conditions are completely ridiculous. At that salary, there are almost no private lawyers who want to become judges,” says the former Minister of Justice.
Me Bellemare points out that citizens are paying the price for this conflict. The delays at the TAT, already long, will probably be even longer with the pressure tactics of administrative judges, he worries.
An unacceptable proposal
Already, since last July, the TAT-DSST judges have started to limit their working hours. They refuse to work more than 35 hours per week, and postpone several cases. This first round of “protest measures” has not, however, moved the government.
“They came back with a totally insulting hypothesis,” says Mr.e Lavoie, president of the Association of Administrative Judges of the TAT-DSST.
According to Daniel Pelletier, Quebec recently offered to increase the salaries of administrative judges in 2 of the 16 courts. An unacceptable proposal, according to him.
If the Legault government does not improve its offers, the administrative judges will consider other options, such as asserting their rights before another tribunal, assures Daniel Pelletier.
The office of Justice Minister Simon Jolin-Barrette declined to comment on the matter.
Read the open letter “Our independence is your right to impartiality”