What is the test for rejecting a recommendation of a salary recommendation made by a commission of inquiry?
New Brunswick, Canada
The following excerpt is from Provincial Court Judges' Assn. of New Brunswick v. New Brunswick (Minister of Justice), 2003 NBCA 54 (CanLII):
On the facts, the majority in Bodner v. Alberta held that there was nothing in the record to suggest that any political or economic exigencies existed that justified resort to the government’s rejection power. In addition, the majority held that the government’s reasons for rejecting the salary recommendation of the commission did not meet the constitutional standard of rationality.
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