Letter

HAND DELIVERED

May 16, 2011

The Honourable Mr. Verlyn Olson, QC
Minister of Justice and Attorney General
Alberta Legislature,
Edmonton, AB

Dr. Chris. Eagle, CEO, Alberta Health Services
Office of the President & CEO

Manulife Place
700 – 10180 101 Street,
Edmonton, Alberta
T5J 3S4

RE: ALBERTA MENTAL HEALTH REVIEW PANEL TRANSCRIPTION

The perceived intent of an Alberta Mental Health Review Panel hearing is to determine whether the human being before the panel should be given freedom or continue to be detained behind locked doors, stripped of all rights.

We submit that the present protocol of the review panels is unfair and cries out for change.

We are calling on Government to legislate that all Mental Health Review Panel hearings be recorded and transcribed. The proposed legislation should require that, a Certified Realtime Reporter be present in order to transcribe each and every hearing.

At the conclusion of the hearing, the Reporter should make a copy of the certified transcription available to the formal patient, as soon as possible.

Relevant legislation allows review panel decisions to be appealed to the Court of Queen’s Bench. However, if no transcription is available, how can there be an ethical appeal?

Also, there must be an agenda, which outlines matters to be discussed. The agenda to be determined and approved by the formal patient and available to all when the hearing commences.

An agenda is necessary to identify the matter(s) to be dealt with by the panel such as:

1. Cancellation of admission or renewal certificates;
2. Review of a physician’s certificate (of mental incompetence);
3. Orders for treatment to be administered to competent patients who object to treatment;
4. Requests (from forensic patients) to return to a correctional facility.

Presently, this quasi -judicial hearing is not transcribed, no one is directed to take minutes. In their capacity as Officers of the court, the Chairmen of the review panels have a duty to ensure fairness in their perceived administration of justice.  The present protocol is a troubling “he said”, she said” process. There is no prepared agenda or even established direction, the result of which, would never stand up in a court of law.

Alberta citizens are being abused by this inequitable process. Seniors and others are being unlawfully detained. They are being denied freedom by a process that purports to give them a hearing. In fact, far too often, they are denied to participate, denied to address the panel to give testimony and are not being heard.

1998, Dorothy Joudrie, the high profile Calgary socialite detained in the Forensic unit of Alberta Hospital Edmonton reported, that despite having positive assessments by a psychologist, it took $450,000 and a skilled lawyer to get her past the same Mental Health Review Panel to freedom.

Thank you. We shall be awaiting your response and be grateful to be in receipt thereof by the1st of June 2011.

Elder Advocates of Alberta Society

cc.

The Honourable Mr. Gene Zwozdesky, Minister of Health & Wellness,

The Honourable Ms. Mary Anne Jablonski, Minister of Seniors and Community Support

Letter

November 23, 2011

Via Facsimile 780 415 0961

Letter to follow.

The Honourable Mr. Fred Horne,

Minister of Health and Wellness,

# 208 Legislature Building,

10800 97 Avenue,

Edmonton, Alberta, T5K 2B6

THE PRESENT PROCESS DOES NOT PROVIDE JUSTICE

RE: ALBERTA MENTAL HEALTH REVIEW PANEL TRANSCRIPTION

The perceived intent of an Alberta Mental Health Review Panel hearing is to determine whether the human being before the panel should be given freedom or continue to be detained behind locked doors, stripped of all rights.

We submit that the present protocol of Review Panels is unfair and cries out for change.

We are calling on Government to legislate that all Mental Health Review Panel hearings be recorded and transcribed. The proposed legislation should require that, a Certified Realtime Reporter be present in order to transcribe each and every hearing.

At the conclusion of the hearing, the Reporter should make a copy of the certified transcription available to the formal patient, as soon as possible.

Relevant legislation allows Review Panel decisions to be appealed to the Court of Queen’s Bench. However, if no transcription is available, how can there be an ethical appeal?

Presently, this quasi -judicial hearing is not transcribed, no one is directed to take minutes. In their capacity as Officers of the court, the Chairmen of the review panels have a duty to ensure fairness in their perceived administration of justice.  The present protocol is a troubling “he said”, she said” process. There is no prepared agenda or even established direction, the result of which, would never stand up in a court of law.

Alberta citizens are being abused by this inequitable process. Seniors and others are being unlawfully detained. They are being denied freedom by a process that purports to give them a hearing. In fact, far too often, they are denied to participate, denied to speak, to address the panel in order to give testimony. They are not being heard. And we have found that on occasion, the decision to detain the person, was made prior to the Hearing.

1998, Dorothy Joudrie, the high profile Calgary socialite detained in the Forensic unit of Alberta Hospital Edmonton reported, that despite having positive assessments by a psychologist, it took $450,000 and a skilled lawyer to get her past the same Mental Health Review Panel to freedom.

It is difficult to believe that this most important hearing is not being transcribed? After all, all court hearings are recorded and transcribed.

We urge you to speak up concerning the rights of these vulnerable, voiceless persons who are being detained behind locked doors.

We anticipate a response from those to whom this correspondence has been copied. We shall be awaiting your response and be grateful to be in receipt thereof by the 5th of December, 2011.

Yours truly,

Elder Advocates of Alberta Society

The Honourable Mr. Verlyn Olson, Minister of Justice & Attorney General

The Honourable Mr. George VanderBurg, Minister of Seniors and Community Support

Response

June 23, 2012

Via Facsimile (780) 421 1636

Mr. R. Allan Harris, Chairman,
Alberta Mental Health Review Panel
502-10109 106 St NW
Edmonton, AB T5J 3L7

Dear Mr. Harris:

Form # 13, Review Panel Hearing scheduled for June 26, 2012 @ 9:00 AM.

I have been served a Form # 13 informing me of a Review Panel Hearing scheduled for Tuesday, June 26, 2012.

I did not request the Hearing. I do not wish to have another Hearing.

The last Review Panel Hearing dated December 13, 2011 extended from about 10:00 AM until after 4:00 PM. The Hearing was unfair, many untruths were spoken about me and according to the Alberta Health Services lawyer from Field Law LLB, who was present, the decision to continue to detain me, was made prior to the hearing.

Nineteen persons were present for this marathon Hearing. Why? You disallowed the Hearing to be transcribed or recorded, you sent away the recording secretary who had come to record and transcribe the Hearing. Any testimony that was given on my behalf was criticized, trivialized and disregarded. I was abused by the entire process.

I do not wish to be subjected to more of the same at this time.

Thank you.

Yours truly,

XXXXXXXXXXXXX
XXXXXXXX 88th Avenue, Edmonton, AB. XXX XXX
Ph. XXXXXXXXXX
c.c. Dr. Raj Sherman, MLA

NO RESPONSE
————————————————————————–

Limousine bills totalling more than $50,000 for Mental Health Review Panel members

Taxpayers footed limousine bills totalling more than $50,000, so Smith and vice-chair David Gordon could attend panels around southern Alberta, from January 5, 2015 to June 20, 2016.

The NDP government is defending a $760 cab fare expense claim made by the chair of the Calgary and South Mental Health Review Panel.

Marilyn Smith submitted the ticket for a refund after she and two other members of the panel took a taxi from Calgary to Medicine Hat on May 5, 2016.

“These costs would be higher if panel members each drove their own vehicles, and triple or four times the cost if members travelled by plane,” read an email from Timothy Wilson, the press secretary for the health minister. “We do not force panel members to drive if they are not comfortable taking passengers.”

However, the Canadian Taxpayers Foundation (CTF) is calling out the expense saying taxpayers should not be on the hook for the bill.

“It’s not reasonable for taxpayers to have to pay to have her commute around in the province in a town car or a taxi,” CTF Alberta director Colin Craig said. “If it happens once a year, maybe there’s a reasonable explanation for it. But, it’s still continuing to happen every month or two.”
This also isn’t the first time Smith’s expenses have come into question.

Metro News reported that, from Jan. 5, 2015 to June 20, 2016, taxpayers footed limousine bills totalling more than $50,000, so Smith and vice-chair David Gordon could attend panels around southern Alberta.
The Calgary and South Mental Health Panel deals with legal proceedings concerning court ordered treatment for patients.
Hoffman’s office said, in the past, the same trip was costing “as much as $1,338. However, thanks to policy changes made last year, we have reduced costs from between $970 and $1300 to about $700.”
Adapted from Global News 12/ 10/17

It must be understood, that on top of these travel costs Mental Health Review Panel Members are being paid for attending these Hearings.

Tags: Alberta Health Services, Alberta Hospital Edmonton, Alberta Mental Health Review Panel, Gene Zwozdesky, Mary Anne Jablonski