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Ont. wants to make it easier to say sorry without fear of it being used in court

Canadian Press Article online since October 6th 2008, 23:00
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TORONTO - Sorry may no longer seem like the hardest word in Ontario, where legislation was introduced Tuesday that would allow people to offer apologies without fear of having them turned against them in court.
"It's an issue that speaks to our wish, when something goes wrong, when we might be responsible for causing harm, our wish to say, 'I'm sorry, didn't mean it, and I'll try and make amends,' " Attorney General Chris Bentley said.
The Apology Act, if passed, will mean those apologies can't later be used in court as an admission of fault or liability, and won't effect someone's insurance coverage.
The legal system has made it increasingly difficult for people or organizations to apologize out of fear that could later be used in lawsuits, Bentley said.
"We see fewer and fewer acknowledgments, demonstrations of regret, demonstrations of remorse, until the lawsuit," he said.
Bentley said he's heard from numerous people involved in lawsuits that they wouldn't have proceeded if only someone had said sorry.
The government said the bill would help speed up healing and reconciliation by allowing people to acknowledge when they've harmed someone.
Similar legislation in other jurisdictions has led to a decline in the number of civil litigations, as well as the length of time they take to resolve, officials said.
British Columbia, Saskatchewan and Manitoba have similar apology laws, and 35 U.S. states have some form of "apology legislation."
Bentley said the bill isn't designed to make it easier for the government to apologize because it should do the right thing regardless.
Last week, Bentley and Community Safety Minister Rick Bartolucci apologized on behalf of the province for the flawed work of Dr. Charles Smith.
The once-respected forensic pathologist was the subject of a 1,000-page report by Justice Stephen Goudge that slammed him, along with Ontario's former chief coroner and his deputy, for their roles in wrongful prosecutions.
Conservative Leader John Tory said the government should look to Maple Leaf Foods president Michael McCain as "an example" of how apologies should be handled.
McCain surprised many Canadians when, after Maple Leaf's Toronto plant was linked to a listeriosis outbreak that has killed 20 people, he issued an abject apology and refused to point fingers, telling people, "The buck stops here."
The act would be particularly pertinent to health-care professionals, who are often warned that insurance policies to protect them from civil suits would be void if they apologize.
Health Minister David Caplan said the bill represents a step toward a more open relationship between patients and practitioners.
"Being able to say you're sorry is the right thing to do," Caplan said.
The Apology Act was first introduced as a private member's bill in April by Liberal backbencher David Orazietti.
The legislation wouldn't affect the right to sue for compensation or receive damages, nor impact on criminal proceedings or provincial offence prosecutions.
Doris Grinspun, executive director of the Registered Nurses' Association of Ontario, said the legislation will let health-care workers relate to patients on a more human level.
Nurses and other health-care professionals go to work with the best intentions but mistakes do happen, Grinspun said.
"In those occasions, nurses and other health-care professionals have been advised to not apologize because it could come back to haunt you," she said.
When patients are coping with a medical error, they need the support of medical staff, she said.
"The last thing you need is for people to start to retreat because they cannot say, 'I'm truly, absolutely, really sorry for what happened.' "
NDP critic Peter Kormos said innocent victims have a hard enough time without obvious admissions of guilt being blocked in court.
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