A provincial Royal Commission of Inquiry was established to investigate the wrongful conviction of Donald Marshall, Jr. The Commission sought to compel the attendance of the justices of the Nova Scotia Court of Appeal who had heard the Reference that quashed the conviction, in order to question them about the composition of the panel and the record relied upon.
The justices successfully applied for a declaration of judicial immunity.
The Supreme Court of Canada dismissed the Commission's appeal, holding that the fundamental principle of judicial independence provides judges with absolute immunity from being compelled to testify about their adjudicative decisions and qualified immunity regarding administrative decisions such as panel composition.
