Smith V. Jones (1999)
Definition
Canadian Supreme Court decision establishing that solicitor-client privilege and professional confidentiality can be overridden where there is a serious, clear, and imminent risk of harm to an identifiable person.
- Court
- Supreme Court of Canada
- Year
- 1999
- Subject
- Exception to solicitor-client privilege
- Standard set
- Serious, clear, and imminent risk to an identifiable person
Common questions
What professional obligation does this case affect?+
It sets the threshold at which confidentiality or privilege can be overridden to warn or protect a specific identifiable person facing serious risk of harm, rather than confidentiality applying without exception.
Is the standard limited to lawyers and their clients?+
The case concerned solicitor-client privilege specifically, but its serious, clear, and imminent risk standard is frequently cited by analogy in mental health and forensic ethics discussions of duty to warn.
Related terms
- APA Specialty Guidelines for Forensic Psychology (2013)
- The eleven-section APA document setting professional and ethical standards for forensic psychological practice in the US, covering responsibilities, competence, diligence, relationships, fees,...
- BPS Division of Forensic Psychology Practice Guidelines 2017
- The UK professional standards document for Chartered Forensic Psychologists, structured around six competency domains: knowledge/skills/values, assessment, formulation, intervention, evaluation, and communication.
- Contingency Fee Prohibition
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- Cross-Cultural Competence
- The requirement under APA and BPS DFP guidelines that forensic psychologists be aware of cultural and linguistic factors affecting assessment validity, and...
- HCPC
- Health and Care Professions Council; the UK statutory regulator that holds the protected title 'Forensic Psychologist' under the Health Professions Order 2001...
- Mental Healthcare Act 2017
- Indian legislation governing mental health services and the rights of persons with mental illness; Section 23 protects confidentiality of mental health information...
- Pre-Assessment Notification
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- Rehabilitation Council of India
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- Tarasoff V. Regents of the University of California (1976)
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- W V. Edgell (1990)
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