Is there a "bad faith" exception to judicial immunity for bad faith prosecution?

British Columbia, Canada


The following excerpt is from Gonzalez v. Ministry of Attorney General, 2009 BCSC 639 (CanLII):

In light of the constitutional importance of judicial immunity, I conclude that any “bad faith” exception to judicial immunity that exists is just as narrow, if not more so, than the exception to prosecutorial immunity addressed in Nelles. [Nelles v. Ontario 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170]

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