Addressing concerns about ordered apologies: some recent developments

Court ordered apologies raise important questions about the meaning of apology and the purpose of apologies as a legal remedy. The voluntariness and sincerity of the apology are called into question in these circumstances. And yet there is evidence that there are purposes to be served and benefits of compelling an apology to be made in some circumstances. Broadly stated, the arguments in favour of ordering an apology as a personal remedy are that it provides greater scope to meet a plaintiff’s psychological needs than damages alone and achieve remedial purposes other than compensation. These purposes include vindication, acknowledgement of wrongdoing and an opportunity to inform the public about the unlawful nature and harmful effects of the conduct. This chapter reviews case law and statutory developments that suggest ways that these purposes can be met and ways that concerns about voluntariness and compulsion can be addressed.