The Plaintiffs acknowledge that the doctrine of judicial immunity applies to all judges acting in the course of their judicial duties: Morier and Boily v. Rivard, 1985 CanLII 26 (SCC), [1985] 2 S.C.R. 716 (Morier). They submit, however, that if they can prove that the named judges were acting as agents for the executive branch of government, contrary to their oaths of office, and they are punished with an appropriate award in punitive damages, such a result will send a strong message to the executive branch of government and the judiciary that they both have the obligation to preserve and protect the principle of judicial independence. The Plaintiffs maintain that if a judge takes a bribe, submits to blackmail, or agrees to render a decision that he or she knows is not in compliance with the law, the party has a right to redress in the courts.
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