Law 3101A/B Lecture Notes - Lecture 10: Canada Evidence Act, Answer Song, Fiduciary

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Legal obligation of confidentiality is the obligation not to willingly disclose information obtained in confidence from a person, without the person"s consent. Hp who disclose patient information because they are required to do so by search warrant, subpoena or other court order would not be in breach of confidentiality obligations. Nor would be breach of confidentiality in complying with their mandatory reporting obligations under statutes (ex. Hp should explain to their patients what confidentiality means and the limits on obligation at the start of the relationship when issue of confidentiality is raised (to avoid being perceived as betraying patient"s trust) Obligation of confidentiality arises when circumstances create a reasonable expectation of privacy. All treatment and counseling professionals owe an obligation of confidentiality to patients (inherent element) Obligation applies to all information that patients provide in course of treatment, whether the information related to themselves or others.

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