The commission was created in 1999 by the government of Prime Minister Jean Chrétien, under the Judges Act.
[1] The Reference had stated that independent commissions are needed to ensure salaries are free of political manipulation.
This was based in the principle of judicial independence, said to be implied by the preamble of the Constitution Act, 1867.
The government accepted the Reference's suggestion that such commissions are necessary and must be "Independent, objective and effective.
[3] The government receives recommendations and may give reasons accepting them or rejecting parts.