A Look at the Law
The Public Legal Education Association of Saskatchewan (PLEA) is a non-profit corporation, non-government organization that provides the people of Saskatchewan with understandable, useful information and education on our laws and legal system.

Apologies and the Law
March 9, 2007

Often when someone has done something wrong the person harmed expects an apology. Many societies place a high value on apologies and teach children from an early age to say sorry when they hurt someone. In our criminal justice system, for example, sincere expressions of remorse and apologies can be considered when sentencing an offender. Apologies can be helpful and needed in a wide variety of situations from a youth apologizing for stealing from someone, to an individual apologizing to the person injured by their careless actions, to a government apologizing for treating someone unfairly.

Apologies can serve a number of purposes. Saskatchewan’s Ombudsman deals with citizens’ complaints about unfairness in the provincial government administration. Saskatchewan’s Ombudsman reports that in their experience an apology can go a long way towards resolving a situation. He notes that an apology is often the first step in restoring a positive relationship so that discussions can take place and that in some cases an apology is all the complainant is looking for. He also describes apologies as bringing with them some very powerful things including the possibility of forgiveness, a willingness to listen, the hope of mutual respect and the productivity of a positive working relationship. Like the Ombudsman, many others who work with people in conflict from lawyers to mediators recognize the value of apologies. Evidence from the United States in the area of medical malpractice supports the idea that apologies can prevent people from suing in some cases, promote early settlement and sometimes reduce the amount that must be paid.

Saying sorry might be the right thing to do and might help resolve a dispute but apologies can also have legal implications in Canada. The legal consequences of an apology are not clear in Canada. Lawyers may recommend against offering an apology because of the possibility that it could be construed as an admission of liability. Apologies can also affect insurance coverage since some insurance policies state that no insurance will be paid if an admission of liability is made.

Some governments around the world have dealt with this issue by passing laws that allow apologies to be given without fear of legal consequences. When a government decides to deal with the legal consequences of apologies there are a number of options. Some apology legislation simply provides that expressions of sympathy or regret cannot be admitted as evidence against someone. This kind of legislation does not prevent admissions of fault, wrongdoing or liability from being used against a person in court. In some jurisdictions apology legislation only applies to some types of court cases, for example medical malpractice suits. Other apology legislation covers admissions of fault or liability as well as expressions of regret. Some apology legislation also deals with insurance and state that the fact that someone has apologized cannot be used to deny them coverage under an insurance policy.

There are a number of possible arguments for and against laws that remove the legal consequences of apologies. Allowing people to apologize without fear of legal implications can avoid the escalation of disputes, help resolve disputes more easily, quickly and with less expense and encourage people to do the right thing by saying sorry and taking responsibility for their actions. On the other hand, people might lose confidence in the court system if they see people who have admitted that they are at fault found not to be liable by the courts. People may also be prompted to make insincere and strategic apologies, knowing they have nothing to lose. As well, a person who has been harmed may be in a vulnerable position and may accept an inappropriately low settlement because of an offered apology.

The Saskatchewan government has introduced changes to The Evidence Act to deal with the legal consequences of apologies. These changes would mean that apologies, including apologies that contain an admission of fault or liability, would not be considered as admissions of fault or liability in a civil court case, could not be taken into account when determining fault or liability and could not be brought up in court to prove fault or liability. These changes would also mean that an apology could not be used to deny someone insurance coverage, regardless of what the insurance contract states. Apologies also could not be used as acknowledgement of a debt for the purposes of determining if the limitation period for collecting on the debt had passed.

This article is intended to be general information only. People who need specific advice should see a lawyer.

For general legal information on other areas of the law, contact Public Legal Education Association, 300 – 201 21st Street East, Saskatoon, Saskatchewan S7K 0B8, Phone: (306) 653-1868, E-mail: plea@plea.org or see our web site at www.plea.org.