What is the defence of Officially Induced Error of Law?

47. Regarding the Defence of Officially Induced Error of Law: A. Ignorance of the law is not a defence to a charge.[iv] B. Officially Induced Error of Law, or mixed fact and law is an exception to the general rule that ignorance of the law is no excuse for committing an offence. C. This defence recognizes it is reasonable for someone to assume he or she knows the law after consulting a representative of the state acting in a capacity which makes the person an expert on that subject.[v] D. The elements required to establish Officially Induced Error are: i. an error of law or of mixed law and fact was made ii. the defendant considered the legal consequences of his or her actions iii. the advice was obtained from an appropriate official iv. the advice was reasonable v. the advice was wrong and vi. the defendant relied on the advice in committing the act.[vi] E. It is necessary to establish the objective reasonableness not only of the advice, but also of the reliance on the advice.[vii] F. Factors to be considered in determining this include: i. the efforts made to obtain information; ii. the clarity or obscurity of the law iii. the position and role of official that gave the advice and iv. the clarity, definitiveness and reasonableness of the advice.[viii] G. It is not sufficient in such cases to conduct a purely subjective analysis of the reasonableness of the information. This aspect of the question must be considered from the perspective of a reasonable person in a situation similar to that of the defendant.[ix] H. The defence of officially induced error must be proven by the defendant, on a balance of probabilities.[x] I. If the defence of officially induced error is made out, the procedure is to find the defendant guilty of the offence charged but enter a stay of proceedings rather than a conviction. An acquittal is not entered if this defence succeeds.[xi]