Psychotherapy and Disclosure: Recent Court Decisions
Objective: To encourage mental health professionals concerned about the practice of psychotherapy to add their voices to the legal debate on disclosure. Method: Analysis of recent court decisions, in particular 2 Supreme Court of Canada judgements, R. v. O'Connor and R. v. Carosella, and 1 Unit...
Saved in:
Published in | Canadian journal of psychiatry Vol. 43; no. 7; pp. 731 - 736 |
---|---|
Main Authors | , |
Format | Journal Article |
Language | English |
Published |
Los Angeles, CA
SAGE Publications
01.09.1998
Canadian Psychiatric Association SAGE PUBLICATIONS, INC |
Subjects | |
Online Access | Get full text |
Cover
Loading…
Summary: | Objective:
To encourage mental health professionals concerned about the practice of psychotherapy to add their voices to the legal debate on disclosure.
Method:
Analysis of recent court decisions, in particular 2 Supreme Court of Canada judgements, R. v. O'Connor and R. v. Carosella, and 1 United States Supreme Court judgement, Jaffee v. Redmond.
Results:
The lack of a common definition of psychotherapy may, in part, have made it awkward for mental health professionals to mount a concerted defence of psychotherapy dossiers.
Conclusions:
Unless mental health professionals develop a more robust justification and delimitation for privilege, in Canadian courts possible relevance of clinical material is likely to override concern for the patient's privacy interest. Future research might evaluate the impact of loss of privilege upon different types of psychotherapy. |
---|---|
Bibliography: | ObjectType-Article-1 SourceType-Scholarly Journals-1 ObjectType-Feature-2 content type line 23 |
ISSN: | 0706-7437 1497-0015 |
DOI: | 10.1177/070674379804300708 |