The professional has certain ethical obligations to respect. It is his duty to maintain impeccable conduct towards his clients. This is why certain limits are provided for in the context of its relationship with them.
Boundaries between professional and personal relationships
The relationship between the professional and his clients must not transgress the limits of a professional relationship. This is why the majority of professional orders’ codes of ethics prohibit personal relationships with clients. In addition, section 59.1 of the Professional Code provides that:
It is an act derogating from the dignity of his profession for a professional, during the professional relationship established with the person to whom he or she provides services, to abuse that relationship in order to have sexual relations with that person, to commit abusive acts of a sexual nature or to make abusive comments of a sexual nature.
When a professional enters into a romantic relationship with a person he or she has met in a context where he or she was acting as a professional, he or she can no longer provide his or her services with independence and disinterestedness as he or she should do. The relationship between the professional and his client or patient is one of authority and it is the responsibility of the professional to ensure that it remains strictly professional. Indeed, his authority stems from the fact that he has a great influence on his client, through his knowledge in the field, the personal information he collects about the client, or the help requested by the client, which makes the latter vulnerable. It is this vulnerability of the client that will make any behaviour of a sexual or intimate nature with the professional unacceptable, since it is an abuse of power. Thus, the professional cannot establish a sexual or romantic relationship with the client, sometimes even after the professional relationship has ended, depending on the situation. In addition, this prohibition also applies to any person accompanying the client, such as the parent of a minor child, a caregiver or a guardian.
Important consequences
Regardless of whether the client has made the first move or is insistent, it is the responsibility of the professional in authority to ensure that professional boundaries are respected in the relationship. This abuse of power can have significant consequences for both the client and the professional. In addition to a loss of trust, it can cause the client anxiety, guilt, or confusion in their interpersonal relationships. As far as the professional is concerned, his or her actions are detrimental to the reputation of his or her profession and to the public’s confidence in it. This is why he will be severely sanctioned by the Disciplinary Council which will impose on him, with some exceptions, necessarily two sanctions, namely:
- A fine of at least $2,500;
- A period of deregistration of at least 5 years, unless the professional can prove that a deregistration of a shorter period would be justified in the circumstances.
For example, in one case, the syndic criticized the respondent psychologist for having developed a personal and romantic relationship with a client during and after a therapeutic follow-up, and for having, at the end of this therapeutic follow-up, had physical relations of a sexual nature with her. He was accused of having maintained correspondence with the latter through emails that made it possible to detect a romantic relationship. The psychologist stated that he believed that the professional relationship was over and that he was no longer acting as a psychologist when the relationship had become romantic. The Disciplinary Council reiterated that psychologists’ clients are particularly vulnerable, and that the client’s psychological and emotional well-being must remain the professional’s priority at all times. He concluded that a nine-month striking off the roll and a fine of $2,000 were appropriate in this case.
If you are facing a disciplinary complaint related to a relationship with a client, it is essential to obtain a specialized legal defense to protect your rights and your career. Contact one of our disciplinary lawyers today for an in-depth analysis of your situation and an appropriate defence strategy.