Childcare – Appeal hearing

You will receive a scheduling letter with the date, time and location of your hearing. You or someone authorized to act on your behalf must attend.

Contact the Appeals Secretariat if you:

• need to reschedule the hearing
• require an alternative way to participate (for example, phone or video)
• want to authorize someone to act on your behalf, by providing an Authorization form
• cannot attend due to an emergency

If you do not participate, the appeal panel may proceed without you and make a decision. Their decision will be final, which means your right to appeal will end and your appeal will be closed.

The scheduling letter will include instructions and a deadline for submitting documents that support your appeal. 

During the hearing, your role is to:

• present your case 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

At least one week before the hearing, the Appeals Secretariat will send an appeal package to you, Education and Childcare, and the appeal panel. Make sure to:

• read this package when it comes – it includes copies of all the documents:
  • you gave to support your appeal
  • Education and Childcare provided to support their decision
• bring the package with you to the appeal hearing

Contact the Appeals Secretariat if:

• you did not receive the package
• documents are missing
• you need help reviewing it in another language

• Three appeal panel members (1 chair, 2 members).
• You and/or your representative, or anyone you said would be there to assist you.
• Someone from Education and Childcare and anyone representing or assisting them.

1. The chair introduces everyone and goes over the rules, then asks if:
   • you and the representative from Education and Childcare understand the decision being appealed
   • anyone objects to the people on the panel or their right to decide your appeal
2. If there are no objections, the chair asks if everyone received the appeal package and can confirm all their documents were included. The chair also asks if there is information not included in the appeal package that the panel should consider. If so, then you or the representative from Education and Childcare 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
3. The representative from Education and Childcare and their supporters/witnesses 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
4. Next, you or the person acting on your behalf, and others who support your appeal, will present your information. The representative from Education and Childcare 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
5. The chair asks the representative from Education and Childcare to summarize their information and the decision they would like the panel to make, then you or the person acting on your behalf is asked to do the same.
6. The chair ends the hearing and explains when to expect the panel's decision.

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 hear the case again

A judicial review happens through the Court of King’s Bench. The Court cannot reverse or change an appeal panel decision, but they can decide whether the appeal 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
• may send the case back for the appeal panel to hear again if it agrees the hearing was 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 so, 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