Janice E. Blackburn

Janice is a founding partner of the firm with 30 years experience in practice as a litigator and provider of legal advice in the mental health and forensic psychiatric sectors.

Acting as counsel to hospitals and health professionals, Janice appears before administrative tribunals in the health field including Coroner’s Inquests, the Consent and Capacity Board and the Ontario Review Board; at all levels of appellate courts including the Court of Appeal for Ontario and the Supreme Court of Canada and at various professional Colleges. She has been an Assistant Director of the Branch of the Ministry of Health which directly operated the then 10 provincially-operated psychiatric hospitals and acted as counsel to those hospitals as both counsel attached to the Attorney General and in her subsequent private practice.

A frequent lecturer, Janice teaches post-graduate trainees in forensic psychiatry at McMaster University and University of Toronto Medical School. She trains Assistant Crown Attorneys to act as Crown counsel at Ontario Review Board hearings and has taught at Queen’s University and lectured at Osgoode Hall Law School. Janice also provides advice and in-house seminars to health care institutions on a variety of legal and practical issues.

  • Provides advice in all areas of health law, mental health, psychiatric, privacy and administrative law to a wide variety of health care providers and professionals
  • Represents hospital administrators/Persons in Charge and clinical staff before the Ontario Review Board and at appeals to Court of Appeal for Ontario and Supreme Court of Canada
  • Represents clinical professionals before the Consent and Capacity Board and at appeals to Ontario Superior Court of Justice and Supreme Court of Canada
  • Represents clinical professionals before Ontario Superior Court respecting habeas corpus, mandamus, certiorari applications
  • Represents numerous psychiatric hospitals, employed clinical professionals and/or Ministry of Health before Coroner’s Inquests
  • Represents health professionals (union and non-union) before professional Complaints Committees and at disciplinary hearings before Discipline Committees, including College of Nurses, College of Pharmacists, College of Psychologists, College of Occupational Therapists and at reviews of such decisions before the Health Professions Appeal and Review Board
  • Represents health professionals (union and non-union) before professional Complaints Committees, including College of Nurses, College of Pharmacists, College of Psychologists, College of Occupational Therapists and at reviews of such decisions before the Health Professions Appeal and Review Board
  • Represents hospital administrators before Superior trial courts responding to O’Connor applications for third party clinical records access
  • Regular lecturer at mental health law seminars and courses for Ontario Crown Attorneys, Osgoode Law School, Queen’s University, University of Toronto, and McMaster University
  • Member of Editorial Board, “Risk Management in Canadian Health Care”
  • “Leaves of Absence in Psychiatric Facilities”, in Risk Management in Canadian Health Care, ed. M.J. Dykeman, V.1#5 (July 1999)
  • A Practical Guide to Mental Health, Capacity and Consent Law of Ontario (eds. Dr. H. Bloom and M. Bay (1996)) Co-authored, with Dr. Ian Hector, chapter entitled “Record-Keeping”; Co-authoring new chapter on “Community Treatment Orders” with Dr. Allison Freeman and Ann Marie O’Brien for second edition of text (in progress)
  • “The Duty to Warn and Protect – Impact on Practice” Co-authored article in Canadian Journal of Psychiatry (2000) with Dr. Gary Chaimowitz and Dr. Graham Glancy
  • Article on Bill 68 Amendments for College of Physicians and Surgeons of Ontario, with M.J. Dykeman (2001)
  • “The Fiduciary Duty of Psychiatrists”; Canadian Psychiatric Association Paper (2004) Co–authored with Dr. Gary Chaimowitz
  • Assistant Professor, Department of Psychiatry and Behavioural Neurosciences, McMaster University
  • Lecturer, Department of Psychiatry, Faculty of Medicine, University of Toronto
  • Member, Consent and Capacity Board Bench and Bar Committee (Chair, Justice T. Ormston)
  • Member, Attorney General’s Round Table on Mental Health
  • Canadian Bar Association (Ontario) Health Law & Administrative Law Sections
  • Advocates’ Society