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Beauregard v Canada
''Beauregard v Canada'' () 2 S.C.R. 56 was a decision by the Supreme Court of Canada on judicial independence. Notably, the Court found that judicial independence is based partly in an unwritten constitution, and that some institutional independence is needed so that judges can guard the Constitution of Canada. These findings were repeated, with far-reaching consequences, in the ''Provincial Judges Reference'' (1997).
==Background==
The case concerned section 100 of the ''Constitution Act, 1867''. As part of a guarantee of judicial independence for federally appointed judges, the section provides that "The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada." A salary fixed by the Parliament of Canada was preferable to a salary fixed by the executive. In 1975, Parliament began to expect judges would contribute to pension costs, and a Statute Law (Superannuation) Amendment Act, 1975 was introduced. The statute dictated that judges appointed prior to February 17, 1975 should contribute 1.5% of their pay to pension costs, and judges appointed after that day would contribute 6%.
Justice Marc Beauregard, who was appointed to the Quebec Superior Court in July 1975, did not immediately have to contribute 6%, since the Statute Law (Superannuation) Amendment Act was not yet officially enacted. This changed in December 1975, and Beauregard challenged the law as contrary to section 100 of the Constitution Act, 1867. He also claimed his equality rights under the Canadian Bill of Rights were infringed, because he was being treated differently from other judges.
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