Does reliance on advice from a lawyer constitute officially induced error of law?

Ontario, Canada


The following excerpt is from R. v. Haddad, 2008 ONCJ 486 (CanLII):

He also noted that other types of advice have been considered in the cases dealing with this excuse, for example, advice from lawyers and reliance on judicial pronouncements. However, he refused to comment on whether these types of advice might provide a basis for the excuse, since it was not applicable to the case before the court. Nevertheless, earlier in his judgment, he did note that while officially induced error first emerged in American jurisprudence in 1949 in the case of Long v. State, 65A, (2d), 489 (Del), that the American cases had since backed away from reliance on the advice of a lawyer as a form of officially induced error of law.

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