The decision created certain challenges, and the governments of Alberta, Manitoba and Prince Edward Island had to approach the Court again for a solution.

The Supreme Court's opinion was written by Chief Justice Antonio Lamer, who had also authored the 1997 Reference.

[5] Regarding Prince Edward Island, the Court found it could not make a declaration that the criminal cases should be upheld for another reason.

Namely, the Prince Edward Island aspect of the Re Remuneration of Judges was brought before the Supreme Court in the form of a reference question.

Reference questions are cases in which the Supreme Court gives non-binding opinions; thus, Prince Edward Island's actions were not found unconstitutional in a binding way.

[6] The Court then considered whether it should give provincial governments more time to set up the salary commissions and receive recommendations.