The 180

Should apologies be admissible in court?

Supports of legislation protecting apologies say Apology Acts restore humanity to our legal system. Critics say Apology Acts are an impediment to truth and justice. We hear both sides of that debate.

Four years ago, Catherine Gray was hit and dragged by a tour bus in Montreal. After extensive surgeries, she has regained the ability to walk, but she says she is still waiting for a "true apology." 

"If I could just end this story by saying, 'But, you know, I got a true apology, there was some recognition of what I went through,' people would be able to rest a little bit more," she says. 

Her lawyer Robert-Jean Chénier believes that if Quebec enacted legislation making apologies inadmissible in court in civil cases, more people would be willing to apologize after an accidents. He says apologies facilitate healing for both parties and should not be used as an admission of fault in court. Quebec is one of the few provinces in Canada without some form of apology legislation. 

I believe that apologies can free the victim... and will bring them relief that court proceedings cannot provide.- Robert-Jean Chénier, McCarthy Tétrault

Daniel Dooley, a lawyer in Ontario, worries Apology Acts withhold important information from judges and juries and can act as an impediment to justice. He believes courts should have access to the information contained in apologies so they can make a fair and accurate determination about who is at fault. 

Whenever you take away relevant evidence from triers of fact... you're risking injustice.- Daniel Dooley, Dooley Lucenti Barristers & Solicitors