Before the hearing
Hearing location and date
Before the hearing happens, the Appeals Secretariat may arrange a telephone meeting with you and a person from the ministry's Addiction and Mental Health Compliance and Monitoring unit. They will check details about the appeal and answer questions about the appeal process.
Then, the Appeals Secretariat sends you a scheduling letter with the date, time and details of the hearing. You, or a person authorized to act on your behalf, must take part in the hearing.
Contact the Appeals Secretariat when you get their letter if you:
- have to change the hearing date and pick a new date that you, Compliance and Monitoring and the appeal panel agree on
- cannot connect into the hearing and need another way to take part in the hearing
- want to give someone authority to act on your behalf, if needed, by providing an Authorization form
If something comes up at the last minute and you or the person acting on your behalf cannot participate in the hearing, tell the Appeals Secretariat immediately.
If you do not take part, the appeal panel may hear your appeal without you and make a decision. If they make a decision, it is final. This means your right to appeal will end and your appeal will be closed.
Withdrawing an appeal
You can withdraw your appeal at any time. This means it is stopped and you no longer want to appeal Compliance and Monitoring’s decision. Tell the Appeals Secretariat as soon as you choose to withdraw your appeal.
Your information and role
The Appeals Secretariat’s scheduling letter tells you how to submit information that supports your appeal. Make sure to submit your information by the deadline in the letter.
During the hearing, your role is to:
- present your case to the appeal panel based on information you already submitted to support your position
- explain why the appeal panel should decide in your favour
- bring witnesses, if you choose, to support your case
Appeal package
The Appeals Secretariat sends an appeal package to you, Compliance and Monitoring and the appeal panel at least one week before the hearing. Make sure to:
- read the appeal package when it comes – it includes copies of all the documents:
- you gave to support your appeal
- Compliance and Monitoring provided to support their decision
- bring the package with you to the appeal hearing
Contact the Appeals Secretariat if you:
- do not get the package or documents are missing
- need help reviewing the package in a language other than English – the Appeals Secretariat can give you information about organizations that may be able to help you review it before the hearing
At the hearing
Appeal hearings are usually held weekdays between 9 am to 4:30 pm. These people will take part:
- 3 appeal panel members including 1 chair and 2 members
- you and/or the person acting on your behalf or anyone you said would be there to assist you
- someone from Compliance and Monitoring and any people acting on their behalf or assisting them
What takes place
Usually, the hearing happens as follows:
- The chair introduces everyone and goes over the rules, then asks if:
- you and the person from Compliance and Monitoring understand the decision being appealed
- anyone objects to the people on the panel or their right to decide your appeal
- If there are no objections, the chair asks if everyone received the appeal package and if they can confirm all their documents were included. The chair also asks if anyone has information that was not included in the appeal package that the appeal panel should consider. If there is, then you or the person from Compliance and Monitoring can ask for:
- copies of the new information
- a short break to review it
- the hearing to be moved to another day to allow more time to review it
- The person from Compliance and Monitoring and their supporters present their information first.
You and the panel will:- let them speak without interrupting them to hear why they made their decision
- be able to ask questions after each person speaks
- Next, you or the person acting on your behalf, and others who support your appeal will present your information to explain why you disagree with the decision that was made. The person from Compliance and Monitoring and the panel will:
- let you speak without interrupting you to hear why you disagree with the decision that was made
- be able to ask questions after each person speaks
- The chair asks the person from Compliance and Monitoring, then you or the person acting on your behalf, to summarize your information and the decision you would like the panel to make.
- The chair ends the hearing and lets you know when you can expect the panel's decision.
After the hearing
The appeal panel will decide to agree with, change or reverse Compliance and Monitoring’s decision. Once this happens:
- you will get a letter after the hearing date with the appeal panel’s decision and reasons for the decision
- the appeal panel’s decision is final – this means they cannot look at new information or change their decision
- you cannot file another appeal on their decision or Compliance and Monitoring’s decision
Concerns about the hearing
If you think the appeal hearing was unfair or the appeal panel’s decision does not follow the Mental Health Services Protection Act, Regulation or Standards you have 2 options:
Option 1. File a complaint to the Ombudsman
You can make a complaint to the Alberta Ombudsman’s office. They cannot reverse or change an appeal panel decision, but they can:
- review the appeal process
- make recommendations, including that an appeal panel re-hear the case
Option 2. Apply for a judicial review
A judicial review happens through the Court of King’s Bench. The Court cannot reverse or change an appeal panel decision, however they can decide if the panel:
- acted within its legal authority
- followed a fair process
- made a reasonable decision based on the situation
When a judicial review happens, the Court:
- cannot make a new decision
- will send the case back for the appeal panel to hear again if it agrees the hearing is unfair – if this happens, different panel members may hear your appeal
If you wish to apply for a judicial review, you must:
- file an Originating Application for Judicial Review, Form 7, Alberta Rules of Court, Rule 3.8) with the Court within 6 months from the date the appeal panel made its decision
- decide if you need a lawyer to assist you – if you do, then contact the Law Society of Alberta’s referral service at 1-800-661-1095 or Legal Aid Alberta at 1-866-845-3425 for help finding one
Contact
The Appeals Secretariat is a neutral government office that runs separately from Compliance and Monitoring.
Connect with the Appeals Secretariat:
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed 12 to 1 pm and statutory holidays)
Phone: 780-427-2709
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-990-0152
Email: [email protected]
Address:
2nd floor, Agronomy Centre
6903 116 Street NW
Edmonton, Alberta T6H 5Z2