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→2. Through a Review Panel Hearing
A hearing takes place before a panel of three people, which must include a medical practitioner, a member in good standing with the Law Society of British Columbia (or a person with equivalent training) and a person who is not a medical practitioner or a lawyer.
The Ministry of Health appoints all three members from a list of people previously accepted by Order in Council.
It is policy that to maintain a quasi-judicial character, those who sit on the panel do not have access to the patient prior to the hearing. Decisions are based on evidence and testimony presented at the hearing only. Section 24.3 of the MHA gives the review panel power to compel witnesses and order disclosure.
The hospital’s position is presented by another medical person acting as the hospital’s representative, usually another member of the medical staff. The patient can be represented by counsel or by an advocate who can present the patient's position at the hearing.
The review panel may examine the current hospital record of the patient, and the records of any previous admissions. Procedure at review panel hearings is subject to the principles of fundamental justice under s 7 of the ''Charter'' and due process under the common law, as well as the provisions of the ''Administrative Tribunals Act'' listed under s 24.2 of the MHA.
'''NOTE:''' Adjournments are procedural options when appearing before a panel.