Can a reprisal complaint be brought against the Ministry of Justice for a statement made in the course of a civil proceeding?

In any event, I am persuaded that the statement contained in the Ministry’s original submission is protected by an absolute legal privilege and cannot form the basis for a reprisal complaint. The Courts have long held that statements made in the course of legal proceedings, such as the one complained of in this case, are protected from legal action to ensure that parties can advance their cases forcefully and to the best of their ability: Simael v. Hannaford, supra.

The Human Rights Tribunal of Ontario considered the application of the doctrine in Ornelas v. Casamici Restaurant, supra, and summarised the key concepts at paragraph 90: Absolute privilege is a common law principle, which, among other things, prohibits legal proceedings which are based on statements made by legal counsel while representing their clients in respect of ongoing or contemplated judicial or quasi-judicial proceedings. It is rooted in the principle that legal counsel must be free to carry out their professional duties to their clients without fear of consequences. In this way, absolute privilege exists to serve the public’s interest in the orderly and effective administration of justice.