COVID-19 response: Hearing changes

All hearings will be conducted using video conferencing or teleconference.

Responsibilities

The Mental Health Review Panel Roster is a provincial adjudicative agency reporting to the Minister of Health and established under the Mental Health Act.

The legislated powers and duties of this public agency include deciding on applications to:

  • cancel admission certificates or renewal certificates for patients who are detained in a designated facility
  • order a facility to issue a community treatment order
  • return a patient to a correctional facility
  • cancel community treatment orders
  • cancel a certificate of incompetence to make treatment decisions
  • order the administration of treatment to patients who object to it

Governance

Search the list of public agencies to find this agency’s:

  • mandate and roles
  • code of conduct
  • classification

Membership

Each review panel consists of 3 members who are selected from the roster:

  • one chair or vice-chair, who is a lawyer
  • one psychiatrist
  • one public member

View current membership: Public agency member biographies.

Compensation disclosure

Under the Public Sector Compensation Transparency Act, public sector bodies are required to post online the names and compensation paid to:

  • all council members
  • employees who earn over a threshold amount

Designated public sector bodies are required to disclose the compensation and severance paid to eligible employees and board members twice per year:

  • June 30: compensation from January 1 to December 31 of the previous calendar year
  • December 31: severance from January 1 to June 30 of the current calendar year

Postings will be maintained for 5 years.

For more information, see public sector body compensation disclosure.

View compensation disclosure

Download the Mental Health Review Panel Roster's compensation disclosure (CSV, 50 KB).

Note: the Calgary and South, Central Alberta, and Edmonton and North Mental Health Review Panels' disclosures for 2015 are included in this file. They were amalgamated in 2016.

Apply for a hearing

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People who are subject to the Mental Health Act can use the Application for Review Panel Hearing form (Form 12) to apply for a hearing. For people who are detained as a formal patient or subject to a community treatment order, a member of their care team can help fill out and submit the application. A relative or someone else can also submit it on their behalf.

Completed applications must be sent by fax or mail to the review panel chair who is nearest to the person who is applying.

Timelines

Once an application is received, the chair’s office will convene a review panel to hear most applications within 21 days. Applications relating to competence and the administration of treatment are heard within 7 days.

The review panel will make its decision within 24 hours of hearing the application and will send a copy of its decision within 48 hours.

Prepare for a hearing

Under the Mental Health Act, people have a right to legal advice and legal representation at a review panel hearing. The organizations below can help people connect with a lawyer:

If someone wants to have another person (other than their lawyer) with them at the review panel hearing, they need to ask permission from the review panel chair in writing. A member of their care team can help with this request, or the person’s lawyer or other representative can request permission on their behalf.

Under the Mental Health Act, people also have a right to access their medical records to help them prepare for a hearing. They can make this request by filling out a Health Information Access Request Form (PDF, 272 KB) and returning the form to a member of their care team. If they are being held as a formal patient under the Mental Health Act, they can also return the form to the Health Information Management office at the facility where they are being held.

Download the Health Information Access Request Form (PDF, 272 KB)

For help accessing your medical records, contact the Alberta Health Services Disclosure Help Line by phone at 1‑855‑312‑2265 or by email at [email protected].

What to expect at a hearing

The chair of the review panel leads the hearing. When the hearing begins, the chair will introduce the other review panel members, describe the process, and the hospital or physician will begin introducing evidence.

The review panel may hear from family members or friends of the person, if the person is agreeable to this. If the person has objected to someone attending the hearing, that wish will be respected.

Except in certain limited situations, the person who the hearing is about has the right to be present when evidence about them is being presented and discussed. They or their legal counsel will also be given an opportunity to ask questions of a person who presents evidence and share their own perspective.

After evidence has been presented and discussed, the review panel may ask the parties to leave the room so they can discuss what they heard in private.

Appeals

Any decision of the review panel can be appealed to the Court of Queen’s Bench. An appeal to the Court must be made within 30 days after receiving the review panel’s decision.

Patient advocate

The Mental Health Patient Advocate helps people who are formal patients or under a community treatment order by providing information on their rights, investigating complaints and assisting them and those acting on their behalf.

People who believe they cannot exercise their rights, access the supports they require, or need more information can contact the Mental Health Patient Advocate:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-422-1812
Toll Free: 310-0000 before the phone number (in Alberta)
Email: [email protected]

Address:
Mental Health Patient Advocate
9th Floor, 10055 106 Street NW
Edmonton, Alberta  T5J 2Y2

Contact

Mail or fax applications for a hearing to the Mental Health Review Panel chair for the region that is closest to you:

Edmonton and North

Fax: 1-866-971-2112

Address:
Jane Steblecki Corns
PO Box 53033, Glenora RO
14035 105 Avenue NW
Edmonton, Alberta  T5N 4A8

Central Alberta

Fax: 403-783-8363

Address:
Richard Wyrozub
PO Box 4338, Stn Main
Ponoka, Alberta  T4J 1R7

Calgary and South

Fax: 1-844-360-7980

Address:
Deborah Prowse
PO Box 38167, Country Hills
Calgary, Alberta  T3K 5G9