What happens after the hearing

After the review panel hears the arguments from both sides, the review panel will meet in private to make its decision. Generally, the review panel will inform you verbally at the hearing of its decision on your certification status.

The review panel will issue its decision within 48 hours. The panel will also issue written reasons explaining its decision as soon as possible and no later than 14 days after the decision is issued.

There is no formal appeal process at the Mental Health Review Board. However, after a review panel has issued its decision, if you believe the decision was wrong or the hearing process was unfair, you have other options:

  • An application to the courts for a judicial review – There is a time limit for applying for a judicial review and the role of a reviewing court is limited.
  • A separate application to the courts may be made under section 33(2) of the Mental Health Act for an order prohibiting admission or directing the discharge of an individual.
  • A request to the Mental Health Review Board to reopen your application under section 25.1(5) of the Mental Health Act . You may wish to seek legal advice about this option.

While it is possible to pursue a judicial review or an application to courts without a lawyer, you are strongly encouraged to have legal representation should you decide to do this.

For more information, please review Appeal Review and Complaint Procedures.