Nova Scotia's New Empty Apology Act

The Apology Act, which comes into effect Oct. 1, broadly defines an apology and states that it can’t be used as evidence in legal proceedings to establish fault or liability. – CBC1

As usual, there is rather more than meets the eye here, and it’s not a case of an eccentric rookie mistake by our newly elected NDP (that’s socialist, by the way, a Maritime first) provincial government, either.  The story and a commenter in the thread below note that the majority of Canadian and American jurisdictions, Australia and the UK all have similar laws.  So what gives with this?


"An Act Respecting the Effect of an Apology and to Prohibit its Use as Evidence of Fault or Liability"

  • 3 (1) An apology made by or on behalf of a person in connection with any matter
    1. does not constitute an express or implied admission of fault or liability by the person in connection with that matter;
    2. does not constitute a confirmation of a cause of action or acknowledgment of a claim in relation to that matter for the purpose of the Limitations of Actions Act;
    3. notwithstanding any wording to the contrary in any contract of insurance or any other enactment or law, does not void, impair or otherwise affect any insurance coverage that is or, but for the apology, would be available to the person in connection with that matter; and
    4. may not be taken into account in any determination of fault or liability in connection with that matter.
  • (2) Notwithstanding any other enactment or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter.

The deal is that there’s getting to be intense pressure from moral leaders like this guy2 for the perps to publicly admit blame.

The Archbishop of Canterbury has expressed his disappointment at the lack of repentance among bankers for their part in the financial crisis.

Speaking on the BBC’s Newsnight programme on Tuesday, Dr Rowan Williams said that bankers, politicians and even the Church needed to repent for their complicity in the culture of excess that triggered the crisis.

These Empty Apology laws would seem simply to guarantee that such public expressions will mean precisely nothing.  My guess is that the banksters have been thinking ahead.

————————

[1]"N.S. Apology Act supports health-care workers", CBC, September 15, 2009.

[2]: "Archbishop sees little repentance for financial crisis", by Jenna Lyle, Christian Today, September 16, 2009.

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3 Comments for this entry

  1. twist says:

    John-

    I’ve always taught my children that to say “I’m sorry,” isn’t enough. If you aren’t willing to follow the statement “I’m sorry,” with “What can I do to make this right?” it is only, as you say, empty words.

    Igor, by the way, calls the new act “loony”. : )

  2. Linenoise says:

    Wait, what? So now the concept of “innocent until proven guilty” is taken to the extreme – you aren’t guilty unless a 3rd party proves it, even if you come out and say it?

    Hm. I’m having visions of Law and Order: Nova Scotia, with 2 cops in a room interrogating a suspect, trying to get him to confess to a murder without saying “I’m sorry” first.

    “He just said he killed the woman!”
    ‘Yes, but he said he was sorry. It’s not a confession unless he’s not sorry!’

    I think this broke Igor. He still says ‘loony’.

  3. jryskmpr says:

    Jryskmpr-

    Comments and ideas are free to be criticized around here. Please refrain from criticizing individuals. – t.

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