What is the test for judicial immunity?

British Columbia, Canada


The following excerpt is from Madadi v. B.C. (Ministry of Education), 2012 BCHRT 380 (CanLII):

The constitutional application of judicial immunity, however, is also rooted in the need to insulate the judiciary as a branch of government from administrative interference from the other branches of government: MacKeigan v. Hickman (1980), 2 S.C.R. 796, paras. 55-61.

Other Questions


Can a member of a judicial or quasi-judicial tribunal be held absolute immunity from action for comments made in a decision made pursuant to a statutory duty imposed on the tribunal? (British Columbia, Canada)
Is there a "bad faith" exception to judicial immunity for bad faith prosecution? (British Columbia, Canada)
What is the judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
What is the effect of witness immunity and counsel immunity? (British Columbia, Canada)
What is the general practice of the courts in Canada not hearing a judicial review petition before a tribunal has rendered its final decision? (British Columbia, Canada)
Is there an absolute immunity for a judge who was found to have no jurisdiction? (British Columbia, Canada)
Can a reconsideration panel consider extrinsic evidence as part of a judicial review? (British Columbia, Canada)
Are judicial review proceedings a condition precedent to a damages action for abuse of power? (British Columbia, Canada)
Can a judicial stay apply to appeal from the Court of Appeal? (British Columbia, Canada)
Is a decision of a police officer to issue a 24-hour prohibition subject to judicial review? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.