Confidentiality and the Mental Health Professional *

Abstract

Although the Canadian common law provides neither a courtroom privilege to psychiatrists nor a general right of privacy, it is argued that the traditional approaches to the issue are defensible. The confidential relationships between the therapist and his patient are so diverse that simple or general solutions are to be discouraged. The fiduciary relationship is sufficiently well defined that where serious breaches of confidence occur the courts may be expected to afford a just remedy.