“Given that B.K.’s therapeutic relationship with Ms. Shapiro lasted only one session, the Respondent submits that their therapeutic relationship should attract a lesser expectation of privacy under the Wigmore test than longer or more established relationships. No authority was cited for this proposition. Respectfully, I am not persuaded by this reasoning. B.K. required therapy and attended a session with Ms. Shapiro to improve her health and wellness. I see no basis to find that B.K. reasonably expected that her private thoughts and feelings shared in therapy would later be disclosed. In my view, B.K.’s therapeutic relationship with Ms. Shapiro was clearly private and confidential regardless of its length or duration.
Therapy is extremely important, particularly for children coping with dysfunction caused by family conflict. On this point, I share the view expressed by Boswell J. in L.H. at paras 30-31 that public interest strongly supports the protection and fostering of therapeutic relationships to help children attend therapy to address their mental health. It is generally understood that children in high conflict family situations who go untreated may well suffer mental health issues that may last a lifetime. Without privacy and confidentiality, children may be less likely to try counselling or therapy, let alone speak openly and candidly about their thoughts and feelings during therapy to properly benefit from therapeutic treatment. Indeed, B.K. herself has candidly acknowledged that she has begun to modify her behaviour to be less open and forthcoming in therapy for fear that her private thoughts and feelings may be revealed by a disclosure order. A failure to uphold the private and confidential nature of therapy may well cause a serious chilling effect for B.K.’s future therapeutic treatment and potentially cause her therapy to become ineffective.”