What is the argument that a judge who was appointed on or before December 20, 1975 is entitled to receive the same salary and/or the same amount of contributions as a judge appointed after February 16, 1975?
Canada (Federal), Canada
The following excerpt is from Beauregard v. Canada, 1983 CanLII 2794 (FCA), [1984] 1 FC 1010:
The argument on the last-mentioned point, as I understood, was that inequality before the law was created by the enactment because under it the respondent no longer enjoyed his right to salary without deductions for contributions to the same extent as other judges who held office before December 20, 1975. Reliance was placed on the reasoning of McIntyre J. in MacKay v. The Queen (1980), 1980 CanLII 217 (SCC), 114 D.L.R. (3d) 393 at pp. 422-3, [1980] 2 S.C.R. 370 at p. 406, 54 C.C.C. (2d) 129, and it was said that there was no valid federal objective to be attained by discriminating on December 20, 1975, between judges appointed on or before and those appointed after February 16, 1975, and that to do so was arbitrary, capricious and unnecessary.
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