Can a panel member testify on the issue of competency?
Canada (Federal), Canada
The following excerpt is from Ermina v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8969 (FC):
I accept the reasoning of Campbell J. in Agnew v. Ontario Association of Architects and find that it applies equally to the issue of competency. To permit a panel member to voluntarily testify would defeat the whole concept of judicial immunity. In the present matter, for example, the applicant would presumably ask what other evidence the panel had before it, when making its decision. This clearly opens the door to a re-examination of the panel"s decision, particularly in the event of cross-examination. Decisions must be final and subject only to review in the ordinary channels.
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