Rehearing
The 1997 Reference caused numerous challenges regarding the creation of compensation committees. Some governments needed more time to establish and consult them. Moreover, by finding provincial courts were not independent because salary commissions were not used, the Reference seemed to imply criminal law decisions by provincial courts were invalid under section 11(d), since defendants were not tried before independent tribunals. Consequently, the governments of Alberta, Manitoba and Prince Edward Island turned to the Court again. In Re Remuneration of Judges (No. 2) (1998), Lamer for a unanimous court decided that necessity dictated that dependent provincial courts be deemed acceptable for the time being. Also as a result of the second decision, the requirement for commissions did not become binding until September 18, 1998.
Read more about this topic: Provincial Judges Reference