Mental Health Therapy and Confidentiality for Police Officers in Alberta

This article explores the important topic of confidentiality in mental health therapy for police officers in Alberta. It covers the laws, ethical guidelines, and practical considerations that protect your privacy while also ensuring public safety. Understanding these rules can help you feel more comfortable seeking the support you need.

Understanding Privacy: The Canadian Charter and Federal Laws

The foundation for privacy rights in Canada is the Canadian Charter of Rights and Freedoms. Section 8 of the Charter protects everyone from unreasonable search and seizure. This idea extends to protecting personal information, setting a standard for respecting individual privacy, which influences other laws about mental health confidentiality.

Two federal laws also play a role. The Privacy Act sets rules for how the federal government handles personal information. For police officers, this mostly applies to those in the Royal Canadian Mounted Police (RCMP). Municipal and provincial police forces in Alberta (like in Edmonton or Calgary) are not covered by the Privacy Act.

The Personal Information Protection and Electronic Documents Act (PIPEDA) governs how private businesses handle personal information. This would apply to a private psychologist in Calgary or Edmonton. However, Alberta has its own health information law (discussed below), which usually takes priority for health services.

These federal laws establish core principles: a reasonable expectation of privacy, limits on government intrusion, and rules for private sector information handling.

Alberta’s Health Information Act (HIA)

While federal laws provide a general framework, the Health Information Act (HIA) is the key legislation for health information privacy in Alberta. The HIA, enacted in 2000, comprehensively regulates the collection, use, disclosure, and safeguarding of “health information” in the province. It’s crucial to note that this encompasses all health information, not just medical records, extending to mental health therapy records.

The HIA clearly defines who is a “custodian” of health information, including regulated health professionals like psychologists and psychiatrists. Custodians have obligations: obtaining consent before collecting or using health information, protecting it from unauthorized access, and disclosing it only under specific permitted circumstances.

The HIA’s broad definitions protect not just the content of therapy sessions but also the fact that someone is receiving therapy. This is particularly significant for police officers, as even seeking mental health support could be sensitive.

The HIA’s rules apply to all interactions, whether an officer sees a private psychologist in Edmonton, uses Alberta Health Services for mental health support in Red Deer, or seeks help elsewhere.

The Mental Health Act, The Police Act, and Alberta

Alberta’s Mental Health Act addresses urgent situations involving involuntary assessment and treatment. It sets out a process for intervention when someone’s mental disorder poses a risk to themselves or others, including apprehension, examination, and, if necessary, detention.

Confidentiality is still a factor, but the Mental Health Act allows for information disclosure in specific situations, such as sharing information between health professionals involved in care or with legal authorities if a patient is subject to legal orders.

The Police Act of Alberta governs the structure and operation of police services in the province. While it doesn’t have specific sections on mental health confidentiality, it sets standards of conduct for police officers and addresses discipline and complaints.

Importantly, the Police Act, along with the Police Service Regulation, allows police services to ensure officers are fit for duty. This includes the authority to require medical or psychological examinations. If an officer’s mental health affects their ability to perform their job safely, the police service has a legitimate reason to seek information.

These three laws—the HIA, the Mental Health Act, and the Police Act—create a framework that balances individual rights with public safety.

Professional Colleges and Ethical Standards

Beyond laws, professional regulatory bodies shape ethical standards in Alberta’s mental health care. The College of Alberta Psychologists (CAP) is the primary body for psychologists. CAP sets the Standards of Practice and the Code of Conduct that all registered psychologists in Alberta must follow.

These standards address confidentiality, outlining a psychologist’s duty to protect client information, obtain informed consent before disclosure, and keep accurate records. The CAP guidelines go beyond the basic legal requirements. The CAP documents also detail the limits of confidentiality, explaining when a psychologist must break confidentiality, like reporting child abuse or warning potential victims. These are not mere suggestions but requirements for maintaining a license, with potential disciplinary actions for violations.

Understanding CAP’s role assures officers that their therapist is bound by both law and a strict code of professional ethics, providing an extra layer of protection and accountability.

Exceptions to Confidentiality

Confidentiality, while vital, has limits. Both law and ethical standards recognize situations where information disclosure is necessary.

Mandatory Reporting of Child Abuse: This is a priority. Under Alberta’s Child, Youth and Family Enhancement Act, everyone, including therapists, must report suspected child abuse or neglect. This duty overrides confidentiality. If an officer discloses information suggesting a child is at risk, the therapist must report it, even with “reasonable and probable grounds” to believe a child needs protection.

Imminent Harm to Self or Others: This is the “duty to warn” or “duty to protect.” If a client poses a serious and imminent risk of harm to themselves or an identifiable person or group, the therapist must take action. This duty comes from common law and is reinforced by ethical codes. It focuses on future threats, not past actions. Actions might include notifying the police, contacting the potential victim, or seeking involuntary hospitalization.

Court Orders and Subpoenas: The legal system can require the release of therapy records. A court can order a therapist to disclose information relevant to a legal proceeding (criminal case, civil lawsuit, or family law matter). A subpoena can also legally require a therapist to testify or provide records. While a therapist can try to oppose a subpoena, they must comply with a valid court order.

These exceptions apply to all clients, including police officers, representing situations where public interest outweighs absolute confidentiality.

Fitness for Duty: A Unique Consideration for Police Officers

“Fitness for duty” adds complexity to confidentiality for police officers. Police services must ensure their officers can perform their duties safely and effectively, protecting both the officers and the public.

The Police Act and related regulations allow police services to require medical or psychological examinations if there are fitness-for-duty concerns. This is not automatic upon seeking therapy but usually requires a specific reason, like concerning behavior, a critical incident, or a noticeable performance decline.

What if a therapist has concerns about an officer’s fitness for duty? The situation is complex. The therapist’s primary duty of confidentiality is to the client (the officer), but they also have a broader duty to protect the public.

Usually, a therapist would first address concerns with the officer, encouraging self-reporting or steps to address the issue (e.g., a leave of absence). However, if the officer refuses and the therapist believes there’s a serious and imminent risk, the therapist may be justified in breaking confidentiality and reporting to the police service.

The trend is moving away from mandatory reporting of any mental health treatment. Police services increasingly recognize that requiring disclosure of simply seeing a therapist can deter officers from seeking help. Instead, the focus is shifting to reporting only when there are legitimate concerns about an officer’s ability to perform their duties.

Employee Assistance Programs (EAPs) and Confidentiality

Many police services in Alberta and across Canada offer Employee Assistance Programs (EAPs), providing confidential counseling and support to employees and their families. EAPs are a valuable resource for officers dealing with stress, trauma, or other mental health challenges.

EAPs are generally run by external providers to ensure separation from the employer. While EAPs strive for confidentiality, the rules may differ slightly from private therapy.

Most EAPs have a clear policy outlining confidentiality limits. Information is generally confidential, with exceptions similar to all therapists: mandatory reporting of child abuse, duty to warn/protect, and legal requirements. Some EAPs may also allow sharing information with the employer if there are serious fitness-for-duty concerns, especially if the employer referred the officer.

Before using an EAP, officers should carefully review the confidentiality policy, ask questions, and understand how their information will be handled.

Potential Conflicts: Law vs. Therapy

A challenging area involves potential conflicts between a police officer’s duty to uphold the law and a therapist’s duty of confidentiality.

For example, what if an officer discloses illegal activity during therapy? This creates a difficult situation. Does the therapist have a duty to report the officer?

Generally, past crimes that don’t pose an imminent threat are protected by confidentiality. Reporting past actions could undermine therapy and discourage officers from seeking help. However, there are gray areas. If the illegal activity involves serious harm or suggests an ongoing risk, the therapist’s duty to protect may apply.

Another conflict can arise with sensitive or classified information. Therapists need to be aware of this and protect the information. These situations require careful ethical consideration, weighing obligations to the client, the law, and the public. Consulting with colleagues, supervisors, or legal counsel is often advisable.

Impact of Seeking Therapy: Stigma and Career

Despite growing mental health awareness, stigma remains a problem in policing. Officers may fear that seeking therapy will be seen as weakness, damage their reputation, or limit career opportunities.

Potential Negative Impacts:

• Fitness for Duty Concerns: If therapy reveals serious concerns, it could lead to duty restrictions, reassignment, or, in extreme cases, termination.
• Internal Investigations: While therapy records are generally protected, they could be accessed during an internal investigation if mental health is directly relevant. This is not routine and usually requires a specific reason.
• Career Advancement: Lingering negative perceptions about seeking therapy could indirectly affect promotion chances or selection for specialized units.

Potential Positive Impacts:

• Improved Performance: Therapy can help officers manage stress, develop coping mechanisms, and address mental health conditions, leading to better performance, decision-making, and reduced errors. Mental health therapy for police officers can be a very helpful tool.
• Reduced Burnout: Proactive mental health care can prevent burnout, improve well-being, and increase job satisfaction.
• Demonstrates Responsibility: Seeking help can be viewed as strength, self-awareness, and responsibility, showing an officer is committed to their well-being and effective duty performance.
• Increased Empathy: Therapy can also promote better communication.

The reality is that seeking therapy is often positive, both for the officer and the police service. Organizations are increasingly supporting officers’ mental health, with a shift away from silence towards a more open and supportive environment.

Best Practices for Therapists Working with Police Officers

Therapists working with police officers need specialized knowledge and skills, sensitive to the unique challenges officers face.

• Informed Consent is Key: At the start, the therapist should clearly discuss confidentiality and its limits, including mandatory reporting, duty to warn/protect, and any fitness-for-duty or EAP reporting policies. The officer should have a chance to ask questions and sign a document acknowledging their understanding.
• Collaboration, When Appropriate: With the officer’s consent, the therapist may collaborate with other professionals (family doctor, psychiatrist, or EAP provider). Clear communication ensures comprehensive support.
• Documentation is Essential: Therapists should keep thorough records of sessions, disclosures, consultations, and decisions regarding confidentiality, kept securely and according to legal and ethical guidelines.
• Specialized Training: Therapists working with police officers should seek specialized training and supervision to understand policing culture, trauma, and the challenges officers face in seeking help. Organizations like the Tema Conter Memorial Trust and Badge of Life Canada offer resources and training.
• Understand Law and Legislation.

Resources for Police Officers in Canada and Alberta

Police officers in Canada and Alberta have access to growing resources to support their mental health. One of those resources is access to Alberta WCB mental health support.

• Employee Assistance Programs (EAPs): Most police services, including the RCMP, Edmonton Police Service, and Calgary Police Service, offer EAPs, providing confidential counseling, assessment, and referral.
• Peer Support Programs: Many police services have peer support programs, allowing officers to connect with trained colleagues for emotional support. This can be valuable for officers hesitant to seek formal therapy.
• Badge of Life Canada: This peer-led organization provides support and resources for police and corrections personnel with psychological injuries, including PTSD, offering online resources, peer support groups, and education.
• The Tema Conter Memorial Trust: This organization raises awareness about PTSD and mental health issues among first responders, offering training, resources, and support.
• Canadian Mental Health Association (CMHA): CMHA provides mental health services, advocacy, and education across Canada, with local branches offering various programs.
• Alberta Health Services - Addiction & Mental Health: This provincial service provides mental health and addiction services, including crisis lines, outpatient therapy, and specialized programs.
• College of Alberta Psychologist: Provides a directory of registered psychologists in Alberta.

These resources represent progress in supporting police officer mental health, offering options from confidential counseling to peer support, allowing officers to choose the best support for their needs.

Data and Statistics: Challenges of Measurement

Obtaining precise data on mental health therapy use and confidentiality breaches among Canadian police officers is difficult due to:

• Privacy Concerns: The sensitive nature of mental health information makes collecting detailed statistics potentially violate privacy.
• Lack of Centralized Data Collection: No single national database tracks therapy utilization by police officers. Data is often collected at the service or provincial level.
• Underreporting: Stigma and career concerns may lead officers to avoid disclosing they are seeking support, meaning available data likely underestimates the true prevalence.

Despite these challenges, research provides insights. Studies show higher rates of mental health conditions (PTSD, depression, anxiety) among police officers than the general population. A Carleton et al. (2018) study found significantly more common mental disorder symptoms among Canadian public safety personnel, including police officers. Stigma and confidentiality fears are still barriers. Research focused on RCMP also found high amount of mental health issues.

While precise numbers on breaches are hard to find, evidence suggests actual breaches are rare, often related to established exceptions: child abuse reporting, duty to warn/protect, or court orders.

Next Steps with Responders First

If you are a first responder in Alberta seeking mental health support, remember that seeking help is a sign of strength. Responders First is here to provide resources, guidance, and a supportive community. Explore our website, learn about your options, and take the next step towards prioritizing your well-being. You are not alone.

Don Davis

15+ years of emergency response experience. Passionate about connecting our first responder communities with critical resources. Author of hundreds of articles and guides on First Responders mental health care. When not responding to emergencies, you can find me playing with my dogs, hiking, or enjoying a good book.