Legal Issues in Counselling: Consent, Capacity, Substitute Consent and Negligence

This On Demand Training is 3 hours. Access information, resources and CEU information will be sent to you shortly after registration and registrants will be given unlimited access to the recording for a full year.

This webinar was broadcasted live on Tuesday, June 8, 2021

Get an overview of the challenging legal environment facing you as a mental health practitioner, the expectations of the Canadian courts, the role of management policy, and the legal obligations of clinicians.

Any treatment to be provided by a health care or counselling practitioner requires the consent of the patient, or where they are incapable, from their substitute decision-maker.  The discussion will use current Canadian legal cases to expose differences in the legal principles governing consent to treatment by patients versus guardians. Time will also be devoted to talking about the differences between negligence, errors in judgment, and incompetence.

Professor Robert Solomon will review the elements of valid consent, the role of consent forms, capacity to consent to treatment, counselling, and care. The broad definition of capacity and the general principles governing the exercise of substitute consent will also be discussed.

Reference will be made to the leading Canadian cases and current Ontario legislation and emerging issues. Those outside Ontario will benefit as most Common wealth jurisdictions have similar legal expectations.

Robert M. Solomon, LLB, LLM holds the rank of Distinguished University Professor in the Faculty of Law at Western University. He has been involved in research and teaching on healthcare, civil liability and criminal law for more than 46 years. In addition, he has served as a consultant to Health and Welfare Canada, the Law Reform Commission of Canada, the Canadian Centre on Substance Abuse, and numerous healthcare and counselling agencies. Robert has also presented and written extensively about the challenging legal environment facing psycho-therapists, psychologists, social workers, nurses, and other mental health professionals. He is the lead author of A Legal Guide for Social Workers, 3rd edition.

TimeTopic Covered
1st hour
  • Consent and capacity
2nd hour
  • Substitute consent and negligence
15 Minute Break
3rd hour
  • Negligence

This training offers 3 hours of direct contact (not counting breaks or lunch). It is the participant’s responsibility to check with their individual state boards/regulatory body to verify CE requirements for their license to practice.

For Live Broadcast Attendees

Webinar attendance by participants is automatically tracked, documented and archived for future reference. Upon confirming you have attended 100% of the webinar and upon completion of a course evaluation, you will be issued a certificate of participation (see below).

For Attendees of On Demand/Recorded Version

If you cannot verify 100% attendance of the Live Broadcast or if you are watching the On Demand/recorded version of this webinar, you will need to complete a Post-Webinar Quiz with a pass of at least 80% in order to verify your attendance.

For US Participants

Instructions on how to obtain your Certificate of Attendance showing the hours completed will be distributed either following the Live Broadcast or with On-Demand registration (On-Demand participants must pass a post-webinar attendance quiz).  A CE package will be available which includes the full webinar description and details, the speaker’s CV and references.

For Canadian and International participants

Upon fulfillment of the above requirements, Canadian and international participants will be issued a Certificate of Participation which features:

  • Name of Participant
  • Title of Training
  • Name of Presenter plus their credentials
  • Number of hours of training
  • Date of training
  • Confirmation that you have passed a quiz with at least 80% grade to verify your attendance

Please check carefully with your regulating body/organization that this certificate is sufficient proof for you to claim CEUs.

For general information about Continuing Education for Canadians and International participants, please click here.  

This training is aimed at all mental health professionals including:

  • social workers
  • counsellors
  • psychologists
  • psychiatrists
  • medical professionals supporting mental health patients
  • psychotherapists
  • mental health counsellors
  • marriage and family therapists and counsellors
  • occupational therapists
  • vocational rehabilitation therapists
  • addiction counsellors
  • religious counsellors
  • therapists
  • case managers
  • art therapists
  • licensed professional counsellors
  • all other professionals who would like to develop, update or expand their skills and knowledge in mental health practices
Webinar RateCAD$139.00
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