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Thursday, October 20, 2011 Capital News
WESTSIDE
Annual flu shot vaccine campaign is now underway Tom Fletcher CONTRIBUTOR
Doctors’ offices, clinics and pharmacies have begun the annual influenza vaccination program, which is free for seniors and children between six and 23 months old. Others eligible for the vaccine at no charge include health care and emergency workers, caregivers for seniors and chil-
dren under two years old, pregnant women in their third trimester during winter flu season, aboriginal people and those who are very obese. Other B.C. residents not in high-risk groups can get a flu shot by paying a dispensing fee. The influenza vaccine is formulated each year to target the dominant strains of the respiratory virus that infects between 10 and 20
per cent of the population each year. The vaccine program was expanded in 2009 with the emergence of the H1N1 strain around the world. With pharmacists trained to provide the injections, about 40 per cent of B.C. residents received the vaccine in the largest mass immunization in Canadian history. There were 55 deaths in B.C. related to H1N1,
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mostly of people with underlying medical conditions. Hundreds of people die each year from seasonal influenza.
The ClassiÄed Department at 250-763-7114 email: classiÄed@kelownacapnews.com
Publication Date: October 28, 2011 / Deadline: October 26, 2011
als,” said Dr. Perry Kendal, B.C.’s provincial health officer. “And of course, it is still important to follow basic hygiene practic-
Lawsuit only voice for judiciary
A
lawsuit brought forward by the Provincial Court Judge’s Association of British Columbia made headlines last week— “B.C. Provincial Court Judges Sue for a Pay Raise”. It was a hot button headline. The proposed pay raise, from a massive $231,138 salary to a more massive $245,526, is beyond most working people’s comprehension. Particularly in the context of public sector union contracts being negotiated with zero increases, this proposal appears obscene. There was some qualifying detail given in the news reports, but judging from comments electronically posted by readers on the Internet, very few saw past the headline. I read through comment after comment, slamming judges for their perceived greed. The odd comment in support received overwhelming thumbs down in the court of public opinion. I took the time to learn the facts behind the headline. I invite you to do the same by checking out the 2010 Judges Compensation Commission report and the provincial government’s response, which can be found at www. ag.gov.bc.ca/judicialcompensation/index.htm. One key fact is that judges are special. They are not government employees. Quoting from the government response: “It is a fundamental principle
of the Canadian constitution that the courts must
ACHIEVING JUSTICE
Paul Hergott be independent of government…”. A 1994 Federal Court of Canada decision is quoted as follows: “(The) independence of the judiciary is an essential part of the fabric of our free and democratic society.” The supreme law of Canada states that “financial security” is an essential condition for judicial independence. The government response also notes: “… judges’ remuneration… must be established through a process that incorporates an independent, objective and effective judicial compensation commission that reports and makes recommendations on judicial remuneration.” Unlike unions that negotiate their pay, armed with the threat of striking, Canada’s constitution prohibits judges from negotiating their pay. That’s where the 2010 Judges Compensation Commission came in. The commission is truly independent, composed of two members of the provincial government, two members appointed by the Chief Judge of the provincial court, and a fifth mem-
ber, appointed by the other four, acting as chairperson. The job of the commission was to make recommendations on remuneration for provincial court judges for the period April 1, 2011, to March 31, 2014. A new commission is appointed every three years. It wasn’t the provincial court judges who asked the government for zero pay increase for 2011-12 and 2012-13, with a pay increase for 2013-14 of six per cent to keep up with the cost of living. No, it was the independent commission that made that recommendation. One of the factors the commission was required to consider is the financial position of the provincial government. The commission’s careful review of our province’s financial situation led to the recommendation of two years with zero increases, which in the context of inflation is a pay cut. It was on a projection of a balanced budget in the third year that the cost of living increase was recommended in that year. Unlike other commission reports that provincial governments sometimes choose to ignore, judicial compensation commission reports cannot be ignored. The law does not mandate the government to automatically implement the recommendations either, although: “…the government retains the power to depart
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es, such as washing your hands and coughing into your sleeve, and staying home when you are feeling sick.”
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“Influenza vaccination is a great way to avoid infection with influenza viruses and to protect other, more vulnerable individu-
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from the recommendations as long as it justifies its decision with rational reasons...” The government rejected the recommendation for the third year pay increase. Reasons for that rejection were given in the government response. The independent commission process was put in place to arrive at reasonable remuneration for the incredibly important job judges do. That process is undermined if commission recommendations are unreasonably disregarded. Judges are not suing for a pay increase. They are suing to assess the reasonableness of the government’s rejection of the independent commission’s recommendations. A lawsuit is the only mechanism available to judges to review whether or not the government’s reasons are rational. Without that mechanism, there is absolutely no accountability of the government. Without that mechanism, commission recommendations are meaningless. I am not taking sides with provincial court judges on this issue, by the way. I have insufficient knowledge of the law to predict whether or not the provincial government’s disregard for the commission’s report recommendations will be found to be lawful. I am on the side of justice, and justice mandates that provincial court judges be able to test that issue in a lawsuit (to be heard incidentally by totally independent justices of higher courts). Justice also mandates that the public be educated about the process to avoid judges being “judged” unfairly. You may notice that judges don’t publicly stick up for themselves. This column is intended to provide general information about injury claims. It is not a substitute for retaining a lawyer to provide legal advice specifically pertaining to your case. Paul Hergott is a lawyer at Hergott Law in West Kelowna. paul@hlaw.ca