Ignorance of the law is what is known as an error of law, which is an erroneous assessment of a law that leads an individual to mistakenly believe that he or she has the right to commit an illegal act.
The Criminal Code provides that:
Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
Ignorance of the law, therefore, is not a defence in criminal law. The well-known legal principle that ” no one is supposed to be ignorant of the law ” supports this assertion. Ignorance of the law is no excuse even if the accused has done due diligence to know the law. It therefore goes beyond not knowing the existence of the law, nor can an error in the scope of the law or its interpretation be invoked to justify a criminal offence.
There are, however, exceptions to the principle that ignorance of the law is not a valid defence.
Error caused by the administration
This exception arises where the error of law arises from an error caused by the administration, i.e., by a representative of the State. It was in Jorgensen that the Supreme Court recognized the error caused by a person in authority as a defence. To be invoked, this defence must meet six cumulative criteria on a balance of probabilities:
- The presence of an error of law or a mistake of mixed law and fact.
- The accused must have considered the legal consequences of his or her action before acting.
- The accused must have obtained advice from a state official who had jurisdiction in the matter. For example, the opinion of a private lawyer would not be valid here because he does not work for the state, nor would that of a police officer in environmental matters, because he is not competent in this area.
- The advice given by the grievor must have been reasonable.
- The advice given by the grievor must have been erroneous. It should be noted that it is the opinion itself, not its interpretation by the accused, that must be erroneous.
- The performance of the unlawful act must be based on this opinion; The impugned act must not precede the notice.
It is a defence that is considered an excuse and can be used for both criminal and regulatory offences. This defence will not result in an acquittal, but rather a stay of proceedings, as if the prosecution had never taken place.
Admitted Error of Law in the Criminal Code
The Criminal Code admits of certain exceptions to mistake of law. For some offences, it requires a conscience and a willingness on the part of the accused to break the law. This is the case, for example, with the offence of theft : someone who sincerely but falsely believes that he or she is the owner of property cannot be charged with theft.
Unpublished Act
The defence of mistake of law will also be accepted if the statute or regulation is not published, and the accused will be excused.
Ignorance of the law is generally not a defence in Canadian criminal law, with some notable exceptions. Understanding the nuances of these rules is essential to properly navigating the court system.
At Lambert Avocats, we are committed to providing you with the information and support you need to ensure that you never find yourself disadvantaged by a lack of legal knowledge. Call on our expertise to guide you through the complexities of criminal law. Contact us today for a consultation and make sure your rights are still protected.