Wilk: Sorrentino's Canadian Textbook for the Support Worker, 5th Edition

Chapter 5: Legislation: The Client's Rights and Your Rights

Chapter 5

Legislation:
The Client’s Rights and
Your Rights

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Introduction
 The foundation of good client–worker
relations is understanding:
 Support worker rights
 The client’s rights
 Legal responsibility

 How you relate to the client depends on:

 Your professional code of ethics
 Your employer’s policies
 Federal and provincial or territorial laws

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Client Rights and Boundaries

(1 of 2)
 Ethics is concerned with what you should or
should not do.
 Legislation is a body of law that governs the
behaviour of a country's residents.
 Legislation tells members of society what they can
and cannot do.
 Makes sure that all clients receive safe and skillful
care.
 Protects clients’ privacy.

 Courts protect clients’ and support workers’

rights.
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 Client Rights and Boundaries
(2 of 2)
 A right is something to which a person is
justly entitled.
 Moral rights are based on a sense of fairness or
ethics.
 Legal rights are based on rules and principles
outlined in the law and enforced by society.

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Canadian Charter of Rights

and Freedoms
 This is federal legislation that applies to all
Canadians, regardless of where they live in
Canada.
 It lists the basic rights and freedoms to which
all Canadians are entitled:
 The right to equality without discrimination based
on race, ethnic origin, colour, religion, sex, age, or
mental or physical disability
 See other basic rights and freedoms

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Basic Rights of People Receiving

Health Services (1 of 2)
 The Human Rights Act is provincial and
territorial legislation that is based on the
Canadian Human Rights Act
 Its purpose:
• Prevent discrimination
• Promote and advance human rights

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Basic Rights of People Receiving
Health Services (2 of 2)
 Laws governing health care have different
titles across the country.
 Laws address the rights and freedoms of
people receiving health care services.
 Due to constant revisions in health care
legislation, you should always be aware of
the current acts that govern your own
province/territory.

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Health Care Legislation

 An act is another term for a specific law.
 Most health care acts consist of general
requirements for maintaining health, safety,
and well-being.
 Regulations are detailed rules that implement
the requirements of the act.

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Slide 8

Basic Human Rights in Canada

 All live-in facilities in a province or territory
must abide by rules.
 If they do not, this could result in removal of their
license to operate.
 Concern is for the rights and freedoms of
people using health care services.

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 Bill of Rights (1 of 3)
 There is no single Canadian bill of rights for
clients receiving care in the community or in a
facility.
 Manitoba and Ontario have each created their
own bill of rights for clients.
 Some facilities and agencies write their own bills
of rights, based on provincial or territorial laws.
 See textbook Box: 5.2: British Columbia’s
Residents’ Bill of Rights

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Bill of Rights (2 of 3)
 Generally, all clients have the following rights:
 Right to be treated with dignity and respect
 Right to privacy and confidentiality
 Right to give or withhold informed consent
 Right to autonomy

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Bill of Rights (3 of 3)

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Slide 12

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 Dignity and Respect
 Being treated with dignity and respect is the
guiding principle of caregiving
 DIPPS
 Respecting the person’s dignity and
independence is a basic and important part of
support work.
 Treating a person with dignity provides emotional
support and greatly contributes to their quality of
life.
 See textbook Box 5.3: Respecting the Client’s
Right to Dignity
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Privacy and Confidentiality

 Clients have a right to receive care in private,
in a way that does not expose their body
unnecessarily—only those persons involved
in the person’s care should see the person’s
body.
 Information about the client's care, treatment,
and condition is confidential.
 See textbook Box 5.4: Respecting the Client’s
Right to Privacy

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Electronic Privacy
 Electronic privacy—person’s right not to have
his image, words, character description, or
comments about his reputation made public
by electronic means.
 It is wrong—both ethically and now legally in
most provinces—to post pictures, names, or
discussions about your clients.

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Slide 15

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 Informed Consent (1 of 3)
 The client has the right to decide what will
and will not be done to his or her body and
who can touch them.
 In order to make an informed decision:
 Clients need to understand the reason for
treatment, what will be done, and how and who
will do it.
 Clients need to understand the expected
outcomes and treatment options.

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Informed Consent (2 of 3)
 All provinces and territories have legislation
that describes when and how consent is to be
obtained.
 For consent to be valid, it must be informed
consent.
 Informed consent is based on having
received accurate and complete information.

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Informed Consent (3 of 3)
 Consent is informed when the person clearly
understands:
 The reason for a treatment, procedure, or care measure
 What will be done
 How it will be done
 Who will do it
 The expected outcomes
 Potential risks and side effects of the treatment
 Other treatment options
 The likely consequences of not having the treatment

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 Advance Directives
 Also known as advance care directives
 Legal documents that allow clients to convey their
decisions about their own end-of-life care.
 Living will
• A document that allow clients to convey their wishes to
accept or refuse medical care to sustain their life; not
legally enforceable.
 Substitute decision maker or power of attorney (or
proxy)
• Allows a person to make decisions for another person
who is unable to give consent due to inability to
understand.

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Decision Maker
 Parent or legal guardian gives consent for
clients under the age of 18
 Responsible party (substitute decision maker)
gives consent for clients who are mentally
incompetent, unconscious, sedated, or
confused
 A consent form may be required—an RN or
PN obtains these.
 The support worker is never responsible for
obtaining written consent or giving medical
information.
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Property
 Will
 Legal document that states a person’s wishes
about where or to whom his or her property should
go.
 Estate Trustee
 Guardian of property; carries out instructions of
the will
• A person who acts on behalf of a client in regard to
property.
 In most places, the estate trustee is also known as
executor or executrix.
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 Autonomy
 Clients have the right to participate in
assessing and planning their own care and
treatment.
 Personal choice is important for quality of life,
dignity, and self-respect.
 You must allow the client to make choices
whenever possible.
 See textbook box: Focus on Long-Term Care:
Autonomy

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Legal Issues
 Laws tell you what you can and cannot do
 A law is a rule of conduct made by a government
body.
• Liability—if you break the law or violate someone’s
rights, you are legally responsible.
• Criminal laws are concerned with offences against the
public and society in general.
• Civil laws are concerned with relationships between
people.

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Torts
 A person who commits a tort can be sued by
the injured person.
 Torts may be intentional or unintentional.
 An example of an untintentional tort is negligence.
 Examples of intentional torts are assault, battery,
false imprisonment, invasion of privacy, and
defamation of character.

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 Negligence (1 of 3)
 Means the person did not mean or intend to
cause harm.
 The negligent person failed to act in a
reasonable and careful manner and thereby
harmed the person or property.
 The negligent person may have to pay
damages to the injured person.

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Negligence (2 of 3)
 Negligence includes:
 Not performing a task or procedure correctly .
 Performing a task or procedure that you are not
qualified to do
 Making a mistake
• A client could be harmed even though you do your job
competently.
 See textbook Box 5.5: Examples of Negligent Acts
Committed by Support Workers

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Negligence (3 of 3)
 Accurately record procedures.
 Your record may protect you from charges of
negligence.
 You are responsible for your own actions.
 Sometimes refusal to follow a nurse’s directions
is your right and duty (e.g., if it would lead you to
do something beyond your scope of practice).

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 Assault
 Intentionally attempting or threatening to
touch a person’s body without the person’s
consent.
 The person fears bodily harm.
 Threatening to tie down an uncooperative
client is an example of assault.

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Battery
 The actual touching of a person’s body
without the person’s consent
 e.g., force-feeding a client
 The client must consent to any procedure,
treatment, or other act that involves touching
their body.
 The client has a right to withdraw any
consent.
 Consent can be expressed verbally or
through a gesture.

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False Imprisonment
 False imprisonment is unlawful restraint or
restriction of a person’s freedom or
movement.
 Threat of restraint or unnecessary use of
actual physical restraints is false
imprisonment.

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 Invasion of Privacy
 The right to not have private or personal
information made public without consent
 Invasion of privacy is punishable by law
 Freedom of Information Act
 Access to Information Act
 Privacy Act

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Defamation of Character
 Defamation is injuring the name and
reputation of a person by making false
statements about them to someone else.
 Libel is making false statements in print,
writing, or through pictures or drawings.
 Slander is making harmful false statements
orally.
 e.g., Saying that a client is insane or mentally ill

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Awareness of Your Role

 If a support worker performs duties beyond
his or her scope of practice and these duties
were never delegated and taught by the
registered staff, the support worker is actually
assaulting the client.
 Support workers must understand the
responsibilities within their role and safely act
within these boundaries.

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 Human Rights Legislation
 Legislation that protects worker’s basic
human rights.
 Employers must:
 Treat all workers equally
 Not discriminate on the basis of the worker’s race,
colour, gender, sexual orientation, religion, age, or
disability
 Workers have the right to be free from
harassment.

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Occupational Health and Safety

Legislation (1 of 2)
 Safety is a basic need.
 In a safe setting, a person has little risk for
illness or injury.
 The person feels safe and secure.
 Your employer is also responsible for
providing a safe working environment for you.

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Occupational Health and Safety

Legislation (2 of 2)
 Outlines the rights and responsibilities of
workers, employers, and supervisors in
creating and maintaining a safe work
environment.
 Workers have the right to receive proper
training, instruction, and supervision to ensure
their safety.
 Workers have the right to refuse duties if the
work poses a danger to themselves or others.
 Workplace Hazardous Materials Information
System (WHMIS)
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 Employment Standards
Legislation
 States the minimum acceptable employment
standards within the workplace
 Covers basic rules about issues such as:
 Minimum wage
 How wages are paid
 How many hours of work per day and per week
are acceptable
 Fair overtime pay
 Holidays and vacation days
 What situations qualify the worker for a leave of
absence

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Labour Relations Legislation

 Addresses how employers and employees
can resolve workplace issues; ensures that
employees have the right to form or join a
union
 Sets out rules for negotiation—collective
bargaining
 Identifies unfair labour and employee conduct

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Workers’ Compensation
Legislation
 Addresses how workers are financially
compensated for accidental injuries on the
job.
 Discusses workers’ and employers’ rights
when an injury occurs.

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 Other Legislation
 Long-term care facilities legislation
 Provincial and territorial
 Addresses basic rights
 Community services legislation
 Sets out rules and procedures for accessing and
providing community services, including support
work

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