Search This Blog

Friday, February 6, 2026

Judges have Immunity

 In Canada judges have judicial immunity.

A judge cannot be sued or penalized for how they decide a case -- even if they are mistaken in the law, misunderstand the facts, or fail to grasp the seriousness of an issue such as fiduciary breach or self-dealing.

This immunity exists to protect judical independence so judges aren't constantly looking over their shoulder fearing lawsuits.

If a judge makes a wrong legal or factual decision, the only remedy is an appeal or review. Both routes are very expensive so injustices are never resolved.  

Those that abuse go on to abuse others and the victims are silenced by prohibitive cost assessments and their reputations damaged never to be repaired because a judge made a mistake.  


And lawyers:  Law Society of BC Rule 5.1-2 (Duty to the court) obliges a lawyer not to mislead the Court by silence when aware of facts that could affect the outcome.  AND who decides if facts privy to the lawyer could affect the outcome.  



Blog Archive