The majority maintain that “mistake of law is a legal concept with rigorous requirements” (para. 64). Specifically, they hold that a mistake of law occurs only when an offender “has an honest but mistaken perception within the legality of his or her actions” (ibid.). Critically, in addition they characterize being “unsure” (ibid.) or “uncertai” (para. 65) as fatal to a claim of mistake of law. In my evaluation, the sentencing decide made no errors in his evaluation of Mr. Suter’s mistake of law. The majority’s findings on the contrary depend on an excessively restrictive conception of errors of law and …
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