Can I appeal a decision about my mental health?
Question & AnswerCan I appeal a decision about my mental health?
Go to your hearing at the Consent and Capacity Board
The Consent and Capacity Board (CCB) sets a date and time for a hearing. Usually it begins within one week of when you send them your application. The CCB chooses a place for the hearing that suits you and your doctor. If you're a patient in a facility, the hearing likely takes place in the facility.
A hearing is like going to court. There will be a decision maker, or sometimes more than one decision maker. The decision makers are like the judge in a court. They are Board members who have been given to your case.
You and the other people involved get to tell the Board members what you want and why you want it.
You and your doctor can both get other people to be witnesses at your hearing. You and your doctor can ask them questions in front of the Board members. The questions you ask should help to show why you should get what you're asking for.
The Board members may ask the witnesses to swear an oath to tell the truth, but not always. Board members may also ask the witnesses questions.
A hearing is an important event. You should prepare for it seriously. A lawyer can help you.
Because of COVID-19, the Consent and Capacity Board (CCB) has changed some of its processes. For example, the way it receives documents, holds hearings, and the deadline to get evidence.
All CCB hearings take place by teleconference now. You must also give the Board and the other people involved in your hearing any evidence you plan to use. You must do this no later than the day before the hearing.
You have to send your application and all documents related to a hearing to the CCB only by:
- email to email@example.com, or
- fax to 1-866-777-7273.
For more information, visit the CCB website.
Get the decision
After the hearing the Board Members meet in private to make a decision.
Usually you get a decision the day after the hearing ends. You can ask the Board members for written reasons for the decision within 30 days after the hearing ends.
After you get the decision, if you're not satisfied, you should talk to a lawyer about an appeal. This is where you ask a court to review the Board's decision. An appeal can be very complicated. You should ask lawyer for help.