Mental Health Act Review Board (MHARB)

Within 72 hours after receiving an application, the Chairperson will review the application and assess if a hearing is required or the application is dismissed.

If the application is dismissed, the Chairperson will notify all parties involved and provide reasons for why the application was not accepted.

If a hearing is required, the Chairperson will notify each party of the application and the hearing will take place within 14 days of the application being received.

The Chairperson is not eligible to be appointed as a member of a Review Panel.

At any point in the Review Board application process the applicant of person subject to the Mental Health Act has a right to legal counsel.  If you would like to speak with a lawyer free of charge, please contact:

Amanda Thibodeau, Barrister & Solicitor

Dragon Toner Law Office

867-873-6000

The Hearing

A Review Panel hearing makes decisions in accordance with the Mental Health Act. At the hearing there are three Review Board members: a legal member (lawyer), a medical practitioner (psychiatrist or another doctor), and a public representative (another person who is not a lawyer or a doctor, but has the necessary skills in participating in the Review Board process).

There may be other people in attendance at the meeting. The patient or their substitute decision maker can ask to have an Elder or cultural advisor and family member at the hearing. If an interpreter is required, the Chairperson will also make arrangements for this.

Before the hearing

The applicant will receive a letter (“Notice of Hearing”) with the date, time and place of the hearing.

If an Elder, cultural advisor, and/or interpreter is required at the hearing, the Chairperson will arrange for that person to attend.

The chairperson will make sure all parties involved in the review panel hearing have an opportunity to review any written document that will be used or referred to during the hearing.

During the hearing

The hearing will be private, confidential, and informal.

The review panel will consider all available evidence of a patient’s functioning and the patient’s history of mental disorder, including hospitalization, treatment, and compliance with treatment plans.

The patient, substitute decision maker (if applicable), or applicant, may ask questions, give information, and discuss their view of the situation.

The treating team will normally be present to give information to the panel.

The review panel will read and listen to all the information, and will make a decision about the case.

After the hearing

The review panel will make a decision and provide a written summary of the hearing no later than 48 hours after completion of a hearing.

A copy of the written decision will be provided to the applicant, patient, their Substitute Decision Maker (if applicable), doctor, director of the designated facility and any other person the review panel deems necessary.

Following a decision or order made by the review panel, the director of the designated facility or other health facility and the attending medical practitioner must take every action necessary to follow the review panel’s directions.

If someone disagrees with the decision of the review panel, they can:

• Apply to the Supreme Court of Northwest Territories within 30 days; or
• Wait 30 days and make a new application to the Review Board.