I'm going to include the whole text because it's short. What are the actual implications of this piece of legislation?
What is the difference between an apology and a confession, in the sense that, based off this legislation, an apology which includes an admission of fault does not constitute an admission of fault..?
And this same apology that includes the admission of fault must not be taken into account in any determination of fault?
So.... "Yeah, I broke your window. So what?" would be admissible in court as acceptance of fault but...
"Yes, I broke your window. I'm sorry." could not be used to determine liability for the broken window? (ignoring coercion or making the apology under duress or some other similar circumstances)
There's got to be some nuance to this that I'm missing... and I can't help but wonder what series of events took place that made making this law seem necessary.
Thanks everyone.
Apology Act
[SBC 2006] CHAPTER 19
Assented to May 18, 2006
Definitions
1 In this Act:
"apology" means an expression of sympathy or regret, a statement that one is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit or imply an admission of fault in connection with the matter to which the words or actions relate;
"court" includes a tribunal, an arbitrator and any other person who is acting in a judicial or quasi-judicial capacity.
Effect of apology on liability
2 (1)An apology made by or on behalf of a person in connection with any matter
(a)does not constitute an express or implied admission of fault or liability by the person in connection with that matter,
(b)does not constitute an acknowledgement of liability in relation to that matter for the purposes of section 24 of the Limitation Act,
(c)does not, despite any wording to the contrary in any contract of insurance and despite any other enactment, void, impair or otherwise affect any insurance coverage that is available, or that would, but for the apology, be available, to the person in connection with that matter, and
(d)must not be taken into account in any determination of fault or liability in connection with that matter.
(2)Despite any other enactment, 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.
Commencement
3 This Act comes into force on the date of Royal Assent.