May 14th, 2021 from 12:30 pm-4:00 pm EST
Speaker: Robert Solomon, LLB,LLM
Robert Solomon is currently on the Faculty of Law at Western University, where he holds the rank of Distinguished University Professor. He is also the National Director of Legal Policy for Mothers Against Drunk Driving (MADD) Canada. He has won teaching awards at both the university and provincial levels.
The complexity of Canada’s legal environment today and the statutory obligations that apply to psychotherapists, social workers and other mental health care professionals can seem daunting and complex. Robert Solomon will provide a practical overview of the required legal principles to incorporate into your practice to ensure that you avoid common and costly legal problems and liability.
Participants will examine the legal meaning of the term “confidentiality” and the overlapping sets of common law and statutory obligations that apply to counselling and therapy. Contrary to what many people understand, the obligation is not an absolute guarantee of silence. The concept of privilege and the circumstances in which confidential information need not be disclosed even in the face of a search warrant or subpoena will be discussed.
The session ends with a review of disclosure of patient information based on both implied and express consent and examines the federal and provincial laws that require clinicians and others to report patient information to specified officials. There are numerous mandatory reporting obligations, but they have developed piecemeal. There have been recent changes to several of the existing reporting obligations and recent enactment of new reporting obligations. This section will end with a discussion of a counsellor’s common law duty to warn.
Reference will be made to the leading Canadian cases and the relevant provincial legislation.
On-line streaming event