Underneath the Golden Boy - Robson Hall Faculty of Law

Apology Legislation: Bill 202 189
In addition, Dr. Gerrard stated on the Manitoba Liberal Party’s official
website that the NDP government decided to purposely stonewall liberal
legislation based solely on the fact that the bills were not their idea. 58 As of 6
October 2007, Bill 202 has yet to receive a second reading.
2. Merit of Bill 202
Prior to discussing the bill’s value, it is necessary to note that Bill 202
incorporates all of the provisions in British Columbia’s Apology Act but one.
Thus, like Saskatchewan’s Evidence Act, Manitoba’s bill, if passed, would not
protect apologies from being used as a confirmation of a cause of action in
relation to the matter for which the apology was issued. This is important
because, due to such resemblance, the experience and research conducted in
British Columbia, Saskatchewan, and the Yukon could be applied to Manitoba.
In doing so, it will be easier to assess whether the bill ought to be passed. It is
interesting to note that although Dr. Gerrard continuously mentioned in
Assembly meetings that the bill is intended to allow health-care workers to
apologize, the application of Bill 202 is not limited to such workers, but extends
its protection to all persons.
In addition, s. 2(1)(b) of Bill 202 extends protection of apologies to
insurance matters by stating that an apology made by or on behalf of a person in
connection with a matter does not void, impair, or otherwise affect insurance
coverage that is either available or would, but for the apology, be available, to
the person in connection with the matter. 59 In other words, the legislation is
structured to ensure that an apology cannot be taken to be an expression of
liability for the purposes of voiding an insurance contract. Such a provision is
necessary because, oftentimes, insurance policies contain provisions that void
the contract if an admission of liability is made. 60 Therefore, if introduced as law,
Bill 202 would prevent insurance companies from cancelling an insurance
contract following an apology. Furthermore, the apology will be deemed to have
no bearing on the renewal of the insurance policy because the bill specifically
mentions that an apology does not affect insurance protection in instances
where, but for the apology, coverage would be available to the wrongdoer.
However, it is important to note that if the wrongdoer is found liable through
other means, insurance coverage may be altered.
Yet another issue arising under such legislation pertains to the
interpretation of an apology. The question is whether an adjoining explanation
58
The Manitoba Liberal Party, NDP Puts up Brick Wall to Stop Hot Liberal Legislation, online:
Archive, September 2007 .
59
Supra note 52 at 2(1)(b).
60
British Columbia Ministry of Attorney General, supra note 32 at 6.