One other point must be addressed. Elsewhere, it has been held that a salary recommendation based on a percentage or ratio of the salary level of another court differs from a recommendation embracing full parity. The latter type of recommendation is said to depend on notions of equality, while the former does not: see Bodner v. Alberta at paragraph 46. With respect, I cannot accept the distinction. The reality is that a salary recommendation based on full or partial parity with judges of another court means that other comparator groups are being ignored. Partial parity is based on the concept of equality with differences; differences that are reflected in the degree of parity recommended. The problem, of course, is that the remuneration commission is faced with the most difficult task of justifying the amount of the salary differential. Unless the commission gives compelling reasons for its recommendation, the government will simply reject it on the basis that it is purely arbitrary.
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