Legislation amendment extends retirement age to 80
Under an amendment to provincial legislation, two retired judges are returning to the bench part-time to help handle the heavy caseload in the Provincial Court of New Brunswick.
Judge R. Leslie Jackson of Woodstock and Judge David C. Walker of St. Andrews were sworn back into office on July 22 by Chief Judge Brian C. McLean. Both magistrates were required to retire at age 75, but a new amendment to the Provincial Court Act gives them an extension to work until the age of 80.
“The strain on the system is tremendous,” said Chief Judge Brian C. McLean during their swearing-in ceremony in Woodstock. “The ability to have these two judges return to us after age 75 is history in the making.
“They are proven commodities with stellar careers. They still have gas in the tank and the professional capacity to invest. We know what we are getting by having them back as provincial court judges.”
Jackson was appointed a Provincial Court Judge in 1997, promoted to Associate Chief Judge, and then became Chief Judge of the Provincial Court in 2006. He served as Chief Judge until 2014, when he continued in office as a supernumerary judge until retiring two years ago.
Walker was also appointed a judge in 1997 and served in St. Stephen, Grand Manan, and Saint John, as well as working in the territorial court in the Yukon.
The Provincial Court of New Brunswick has a total of 29 judges, including the Chief Judge, the Associate Chief Judge, and two supernumerary judges, Henrik Tonning from Bayside and Ronald LeBlanc of Moncton. Jackson and Walker will return two more to the fold.
Meanwhile, the provincial court is under serious pressure due to a dramatic increase in crime and population growth. Property theft, violent crime and gun crime are all on the rise due to the illicit drug trade, methamphetamine addiction, and mental health issues. The provincial court serves as the entry point for all persons charged under the Criminal Code of Canada or other federal and provincial legislation.
“In Woodstock, the demands that have been put on the court have been unrelenting and unbelievable,” McLean explained. “It is incredibly difficult to sustain.”
McLean said bringing back Jackson and Walker gives the court system some breathing room. Both judges will serve two or three days per week in their home jurisdictions and will travel to other courthouses throughout the province.
“The capacity to call on them is invaluable,” he said. “They heard the message I put out as Chief and were certainly receptive to it. We’re thrilled to have them back.”
“I’m happy to be back and look forward to returning to work part-time as the Chief Judge assigns me,” Jackson said after taking his oath of office.
McLean said other provincial court judges in the province, who are nearing age 75, will also be able to continue working based on their health and proven capabilities until the age of 80.
With the continued support of Minister of Justice Rob McKee and department officials, McLean noted that additional changes are being implemented to address the caseload in provincial court, particularly in the River Valley.
Effective July 2, all criminal charges laid by police in Victoria County, excluding Neqotkuk (Tobique First Nation), are to be handled by the provincial court in Edmundston.
