For some years, the courts in Canada have been grappling with
the many litigants appearing before them who have mental health
issues. It is now quite common for judges to take training to help
them deal with such litigants, who also often appear in court
without a lawyer.
If asked, judges and lawyers both would usually agree that
high-conflict family law cases often involve spouses with addiction
or mental health issues. In these cases, and especially when
custody and access issues are involved, judges may have to decide
whether a spouse's private medical or therapeutic counselling
records will be produced to the other spouse.
Earlier this year, such issues were raised in a case in which
the mother of a two-and-a-half-year-old girl asked Justice M.D.
Faieta to order copies of all of the father's medical records
from his doctor, psychiatrist, and "any other medical,
psychiatric or health professional and any hospital and addiction
treatment facility regarding his
