Does Absolute Privilege Protect Statements Made Before A Regulatory Tribunal?

Are submissions, evidence and statements made in a regulatory proceeding subject to the same protection of absolute privilege that applies in a court? Not always; it depends on the proceeding.

In Wilson v Williams, 2013 BCCA 471, the court held that absolute privilege did not apply to statements made in letters submitted by persons who had registered as interveners in a review conducted by the British Columbia Utilities Commission under section 71 of its enabling statute. The Commission conducted a review of an energy supply contract. The trial judge had held that the Commission's review was an occasion of absolute privilege but held that the letters fell outside the scope of that privilege. The Court of Appeal dismissed the appeal, finding that a section 71 review was not an occasion of absolute privilege. The court considered in detail the framework to be applied in determining whether the proceedings of an administrative tribunal will be an occasion of absolute