Earlier this year, the Honourable J. Douglas Cunningham, Q.C., was named the special advisor on Federal Court Prothonotaries’ Compensation to complete a report by the end of May 2013.  He is inviting comments from the public until April 19, 2013 and public hearings are scheduled for May 1 and 2, 2013.

The Prothonotaries of the Federal Court have been seeking a review of their salaries for several years. In 2007, a special advisor was appointed and prepared recommendations on compensation. The government “rejected virtually all of the recommendations” in its response to the report. The Prothonotaries brought a judicial review proceeding of the government’s response which was dismissed (2009 FC 861 and 2010 FCA 195) primarily on the basis of the government’s economic situation.

In 2012, a new special advisor position was created and the Honourable Cunningham appointed in February 2013. According to the website for inquiry, the following schedule has been fixed:

• March 1, 2013 – Initial Submission on behalf of the Government (PDF)
• April 15, 2013 – Prothonotaries’ Submissions
• April 19, 2013 – Submissions by the public
• May 1 and 2, 2013 – Public Hearing in Toronto
• May 31, 2013 – Report of the Special Advisor to be submitted to the Minister of Justice

Prothonotary salaries are currently fixed at 69% of the salary for a Federal Court judge.