Canadian Centre for Elder Law A Practical ... - Your Legal Rights

!Consent can be required to share an adult’s personal information. For more information onconfidentiality, see Section 8, Professional Confidentiality & Solicitor-Client Privilege.Can and older adult refuse or withdraw consent?An older adult with mental capacity has the right to refuse services or treatment. A mentallycapable older adult may also withdraw consent at any time.8. Professional Confidentiality and Solicitor-Client PrivilegeWhat is professional confidentiality?Professional confidentiality refers to the legal obligation of a professional, employee or volunteerto keep the personal and health information of a client confidential.Confidentiality ensures that vital information is kept private. Privacy laws across Canada saythat confidential information can only be shared in limited circumstances. Many professionalbodies also address confidentiality in their Code of Conduct or Code of Ethics.The general rule is that disclosure of a person’s confidential information requires the person’sconsent. This section discusses exceptions to that rule. See Section D, Elder Abuse in yourRegion, for the rules and exceptions that apply in the province or territory in which you practiceor volunteer.What is solicitor-client privilege?Solicitor-client privilege is a legal principle that ensures the confidentiality of all informationclients give their lawyers in order to obtain legal advice and given in confidence for thatpurpose. 4 A lawyer is required to maintain solicitor-client confidentiality at all times, unless:1) the client consents to disclosure,2) the exceptions regarding criminal communications, public safety or the right to makefull answer and defence apply, 5 or3) disclosure is authorized or required by another law.Solicitor-client privilege does not only apply to past and current clients. It may also apply beforea retainer is established. 6The Supreme Court of Canada has recognized solicitor-client privilege’s fundamental importanceto the administration of justice. 7 The privilege allows clients seeking legal advice to speak freelyto their lawyers with the knowledge that their information will not be disclosed without theirconsent. 8!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!4Descôteaux v. Mierzwinski (1982), 70 C.C.C. 385 (SCC) at 413 [Descôteaux].5Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 at para.53; Smith v. Jones, [1999] 1 S.C.R. 455 at paras. 51 & 55 [Smith].6Descôteaux, supra note 4.7Smith, supra note 5 at para. 35.8Ibid. at para. 46.! "#!