What is the doctrine of judicial immunity in the context of human rights cases?

Ontario, Canada


The following excerpt is from Taite v. Human Rights Tribunal of Ontario, 2013 HRTO 1099 (CanLII):

The doctrine is rooted in the principle of judicial independence, which is meant to ensure that judicial actors are free to execute their decision-making duties, including decisions made about the conduct of the hearing, with independence and without fear of consequences (see Cartier v. Nairn, 2009 HRTO 2208). In addition, as noted in Kogan v. Human Rights Tribunal of Ontario, 2011 HRTO 1486, judicial immunity applies even where a dissatisfied party alleges that the adjudicator did not follow the rules of natural justice. While such failure to afford the parties natural justice or fairness may result in decisions being overturned on appeal or judicial review, it does not make the adjudicator or tribunal personally liable for such errors.

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