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Protection for Persons in Care – Appeal hearing

Find out what happens before, during and after a Protection for Persons in Care appeal hearing.

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Before the hearing

Hearing location and date

Generally, appeal hearings are held by videoconference. Hearings may also be held in person, or by document review only.

The Appeals Secretariat sends you a scheduling letter with the date, time and hearing location. You, or a person authorized to act on your behalf, must take part in the hearing.

  • When to contact the Appeals Secretariat

    Contact the Appeals Secretariat when you get their letter if you:

    • you cannot attend the appeal hearing on the date it is scheduled. You may be able to reschedule the hearing to a date that you, the Protection of Persons in Care (PPC) program and the appeal panel agree on
    • you and/or your support person requires an interpreter such as when you speak a language other than English or require American Sign Language (ASL) or another reasonable accommodation to participate in the hearing
    • you want information about organizations that may be able to help you with your appeal

    You, or the person acting on your behalf, must take part in the hearing. If something comes up at the last minute and you or the person acting on your behalf are not able to attend, you must notify the Appeals Secretariat immediately. If this does not happen:

    • the Appeals Secretariat will try to contact you to reschedule the hearing
    • if the Appeals Secretariat cannot reach you, the appeal panel may decide you chose to end your appeal without telling anyone – this is called abandoning an appeal
    • the appeal panel’s decision that you abandoned your appeal is final
    • your right to appeal will end
    • your appeal will be closed

  • Your information and role

    The Appeals Secretariat’s scheduling letter tells you how and when to submit documents that support your appeal. Make sure you follow the instructions and provide this information before the deadline in the letter.

    During the hearing, your role is to:

    • present your case to the appeal panel based on the information you submitted to support your decision
    • 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, PPC and the appeal panel at least one week before the hearing. Make sure to:

    • read this package when it comes – it includes copies of all the documents that:
      • you gave to support your appeal
      • PPC provided to support the director’s’ decision
      • anyone else involved provided
    • bring the package to the hearing if you are taking part
    • if you would like your supporters to have a copy of the appeal package for the appeal hearing, it is your responsibility to provide them with a copy

    If you do not get the package or documents are missing, contact the Appeals Secretariat.

At the hearing

Appeal hearings are usually held from 9 am to 4:30 pm.

These people will take part in every hearing:

  • 3 appeal panel members including 1 chair and 2 members

These people may also be there:

  • the person in care who was reported as being abused
  • the person who was reported to have caused the abuse
  • the person who reported the abuse
  • the service provider
  • anyone acting on behalf of any of the people listed above or assisting them
  • someone from PPC and anyone supporting them

What takes place

Usually, the hearing happens as follows:

  • 1. Introduction and initial information

    The chair introduces everyone and goes over the rules, then asks if:

    • everyone who is there understands the decision being appealed
    • anyone objects to the people on the panel or their right to decide the appeal

  • 2. Appeal package and documentation

    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 anyone who is there 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. PPC presents their information

    The person from PPC 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

  • 4. You or the person acting on your behalf present your information

    Next, you or the person acting on your behalf, and others who support your appeal will present your information. The person from PPC 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
    • if other people choose to attend the hearing in person, the panel will determine when they present their information

  • 5. Chair requests summaries

    The chair asks everyone who is there to summarize their information and the decision they would like the panel to make.

  • 6. End of hearing

    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, reverse or change part of the PPC director’s decision. Once this happens:

  • you should 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

Concerns about the hearing

If you think the appeal hearing was unfair or the appeal panel’s decision does not follow the PPC Act or Regulations 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 the 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 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
    • 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:

Resources

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