According to a news release, Saskatchewan’s government plans to create the new judge classification through proposed legislative changes brought by The King’s Bench Amendment Act.
The bill passed first reading April 21.
Once in force, the new legislation “will allow government to work with the Chief Justice of the Court of King’s Bench to appoint an initial roster of four associate judges,” states the release.
The associate judges will handle “certain” civil and family law matters “as assigned by the Chief Justice.” This, states the release, will give King’s Bench justices more time to deal with “pressing criminal matters and other complex cases.”
A spokesperson with Saskatchewan’s government was asked to elaborate on what is meant by associate judges being able to act in “certain” civil and family matters.
“Associate judges will be assigned designated civil and family law matters to support case flow, while remaining subject to statutory limits on jurisdiction, not presiding over criminal matters or constitutionally reserved functions,” they said in an email. “Associate judges will primarily act as chambers judges in the civil and family law divisions of the Court of King’s Bench.”
The move to using associate judges brings Saskatchewan “into alignment with how similar courts are structured in other Canadian provinces,” notes the release.
The government spokesperson confirmed that Alberta, B.C., Manitoba, Ontario and Newfoundland and Labrador “already use similar judicial roles to support their superior courts.”
“While the titles and specific powers vary, these roles are used to help courts manage workloads and improve efficiency,” they said.
Chief Justice Martel Popescul, Saskatchewan Court of King’s Bench
“I am excited for the impact this will have on our ability to address the increasing workload of the court,” he said. “I applaud the government for bringing forward this important legislation and for making this investment into the Court of King's Bench.”
Saskatchewan Justice Minister and Attorney General Tim McLeod echoed those sentiments.
“This legislation will help address the higher caseloads we are seeing in our courts, increase capacity at the Court of King’s Bench, and improve access to justice for the people of Saskatchewan,” he said. “Saskatchewan is known for attracting incredibly skilled judges, and we look forward to working with the Court of King’s Bench to implement this legislation and get to work filling these positions.”
The term for a King’s Bench associate judge will last until age 70.
Ontario’s Superior Court of Justice created its associate judge classification in September 2021, according to an information page. That court’s associate judges preside over certain matters in civil cases, including motions, references, pretrial conferences and Construction Act trials. They also serve as registrars in bankruptcy. They can also perform case management in accordance with family law rules.
British Columbia had 14 associate judges on its Supreme Court as of this past February. According to a B.C. Supreme Court web page, its associate judges “hear and dispose” of various applications in chambers.
Details on the jurisdiction of associate judges in Manitoba can be found here.
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