Legal Issues in Counselling: An Updated 2026 Guide for Therapists

Don’t miss this insightful exploration into the complexities of legal issues in counselling facing therapists in clinical practice—fully updated for 2026!

For over 20 years, esteemed legal expert Robert Solomon, LLB, LLM has presented this live webinar with Leading Edge Seminars. The series covers both in-person and virtual counselling and is updated each year to reflect the latest legal developments to ensure its continued relevance for Canadian clinicians.

Throughout both sessions of this course, participants are encouraged to ask questions. This fosters a dynamic learning environment that helps solidify understanding of these critical legal issues. Reference will be made in this course to leading Canadian cases and current Ontario legislation.

SESSION 1 – LEGAL ISSUES IN COUNSELLING: CONSENT, CAPACITY, SUBSTITUTE CONSENT & NEGLIGENCE

In an increasingly complex legal landscape, mental health professionals must navigate a growing number of legal obligations. Session 1 of this course is broken down into three parts and begins with a review of several preliminary legal issues in counselling, including:

• the increasingly challenging legal environment facing psychotherapists, psychologists, social workers, and other mental health practitioners;
• the expectations of the Canadian courts;
• the role of management policy and
• the overlapping legal obligations of clinicians.

Part I

In Part I, we review the legal principles governing consent to treatment, counselling, and care. We then discuss the role of consent forms, statutory ages of consent, the principles governing capacity (competency) to consent, capacity cases involving mental health patients and youth, and the test of capacity to make financial decisions.

Part II

Part II starts with the legal principles governing the exercise of substitute consent, the hierarchy of substitute decision-makers, and the legal safeguards on substitute decision-making. We then examine custody, access, and parental decision-making authority.

Part III

Part III begins with the legal concepts of negligence, errors in judgment, and incompetence. We then examine the standard of care expected of supervisors in placing and monitoring staff, and the circumstances that give rise to negligence liability in counselling. We end with a discussion of the standard of care expected in supervising placements and providing references.

By the end of Session 1 of Legal Issues in Counselling, you will have a clearer understanding of the legal principles underpinning consent, capacity to consent, parental decision-making, and negligence. And you will be equipped to better navigate these critical legal aspects of clinical practice.

SESSION 2 – LEGAL ISSUES IN COUNSELLING: DOCUMENTATION, CONFIDENTIALITY, MANDATORY REPORTING & DUTY TO WARN

Session 2 of this course builds on the foundations of legal issues in counselling presented in Session 1. Our focus now is on documentation, confidentiality, and mandatory reporting. In this session, you will develop practical skills and gain legal knowledge to protect both your clients and your practice.

Part I

Part I begins with a discussion of the general principles of documentation (recordkeeping), the legal importance of good documentation practices, and general guidelines for recordkeeping. We then discuss:

• liability for negligent recordkeeping;
• ownership and client access to counselling records;
• group, couples, and family counselling records;
• computer records;
• retention policies;
• maintaining private records;
• recording information about or from third parties; and
• email communication.

Part II

Part II begins with the legal concept of confidentiality and the overlapping confidentiality obligations that typically apply to various practitioners. We then discuss the sources of these confidentiality obligations, the adverse legal consequences of breaching them, and confidentiality and its limits under the Personal Health Information Protection Act, 2004. This part ends with a review of disclosure of information based on a client’s implied and express consent.

Part III

In Part III, we examine the federal and provincial laws requiring clinicians to report client information to specified officials. This highly technical legislation has developed piecemeal and applies to specified categories of individuals in defined circumstances. We discuss the mandatory reporting obligations regarding, among other things, federal criminal offences, elder abuse, privacy breaches, client sexual abuse and professional misconduct, and child abuse. This part ends with a discussion of the common law duty to warn in Canada.

By the end of Session 2 of Legal Issues in Counselling, you will be equipped with the knowledge to improve your documentation practices, protect client confidentiality, and navigate mandatory reporting requirements. This will ultimately enhance your ability to practice ethically and responsibly.

1. Analyze basic issues of consent, capacity to consent and substitute consent to treatment, counselling, and care.
2. Identify the types of conduct and situations that give rise to liability in negligence.
3. Apply the legal principles governing documentation, confidentiality, and disclosure of patient information.
4. Demystify overlapping common law and statutory documentation, confidentiality, and disclosure obligations.
5. Determine the mandatory reporting obligations that apply to clinical practice and assess potential civil liability for breaching the duty to warn.
6. Better anticipate and avoid common legal problems.

This training offers 6 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.

Attendees of the original live broadcast receive instructions on how to obtain their Certificate of Participation at the end of the course and in the “recording ready” email, which is sent 1-2 days after the live course has ended.

Attendees watching the previously recorded/on-demand version must complete a Post-Webinar Quiz with a passing grade of at least 80% to verify their attendance and receive their Certificate of Participation.

Note: The course recording is available only after the live broadcast has ended.

The Certificate of Participation includes:

• Name of participant.
• Title of training.
• Name of presenter plus their credentials.
• Number of hours of training.
• Date of training.
• Confirmation of 100% attendance at the original live broadcast OR a passing grade of at least 80% on the recorded on-demand version post-course quiz.

Get details about CE credits for Canadian and non-US international participants.

Get details about CE credits for US participants.

Please check with your regulatory body/organization to ensure that this certificate is sufficient proof for you to claim CE credits.

What does the law actually expect of clinicians?

In this clip, Robert Solomon breaks down the two key standards — and why legal protection is less about being right, and more about being reasonable and acting in good faith.

Is a signed consent form enough?

This clip explores why consent is more than a signature — and what truly matters when it comes to informed consent in clinical practice.

How important is documentation, really?

In legal settings, your notes can become the most important piece of evidence. This clip highlights why strong record keeping is essential for both clinical care and protection.

It’s often the small, everyday oversights that lead to problems.

In this clip, Robert Solomon shares why attention to routine details — not just major decisions — plays a critical role in reducing risk.

This information is shared for educational use among Canadian mental health professionals and shouldn’t be taken as legal advice.