Pension Coalition NB

Your Coalition Executive Committee received, late Thursday evening January 20, 2022, the official decision of Chief Justice Mme Tracey Deware of the Queen’s Court of New Brunswick, regarding our court hearings of November 30, December 1 and 2, 2021. To see her lengthy and complex decision of 70 pages, please email Clifford Kennedy ( This email address is being protected from spambots. You need JavaScript enabled to view it. ) or Claire LePage ( This email address is being protected from spambots. You need JavaScript enabled to view it. ).  Your Executive is currently contemplating all options and will be back to you as soon as possible with additional details.

As you know, we have laboured on your behalf for exactly 9 years from the month we were officially
created as Pension Coalition NB, January 2013. Our common goal was to bring before the courts a case
which we believe has never been heard by the courts in New Brunswick. The primary reasons are the
endless motions and briefs submitted by the legal firms representing the government, the Trustees and
certain Unions, who signed on to the Shared Risk Pension Plan. We even had to proceed with the recusal
of Justice Hugh H. McLellan, which was a feat in itself and we won.

We can only imagine what the province, the Trustees and certain Unions spent from the public purse, to
ensure that our case would never be brought before the courts. Your Executive was never able to
access, via Right to Information, the actual details of the costs incurred by opposing counsels, as
transparency in this province is nowhere to be seen. Even the Auditor General (AG) is still unable to
proceed with an Operational Audit of Vestcor, despite the AG’s autonomy and legal powers.

Your Executive accepts this court decision, with a real sour taste in our mouths, but also with great
skepticism. We have been made aware of a document entitled "2012 New Brunswick Judicial Remuneration Commission", where Provincial Court judges were allowed to retain their Defined Benefit Pension Plan and not join the Shared Risk Pension Plan. This is a luxury not afforded to the retirees by the Government. There appears to be no justice, including certain strict rules for some and different rules for others.

This 9 year journey has been a real learning process and a harsh adventure for the 1,000’s of retirees
(not to mention the 50% loss of pension remuneration that existing employees will be subjected to upon
retirement in the future, as confirmed in the PBI Actuarial Consultants Report of 2014).

It is clear to the Executive that your Government, its acolytes (followers) and their numerous legal teams
can mount an incredible force (against the little people - civil servants), with access to unlimited dollars
from the Consolidated Fund of the province (your taxes), their legislative powers and the immunity clause.

Pension Coalition NB

DISCLAIMER
In no way, shape or form does this statement or any content thereof pertain to the judges of the Court of
Queen’s Bench and it’s Chief Justice Mme Tracey DeWare.