Appeal Panel of the Executive Committee

Detailed information regarding the composition, authority and formal requirements of the Appeal Panel is contained in the Terms of Reference of the Executive Committee and the Appeal Guidelines Policy.

On receiving an appeal from a decision of the Investigation Committee, the President of the College Council must appoint an Appeal Panel consisting of no more than three members of the Executive Committee, one of whom must be a public representative.  A member of that Panel is appointed to sit as Chair.

Appeals from decisions of Investigation Committee are not fresh hearings of the matter.  Accordingly, the question for the Appeal Panel is not the question which was before the Investigation Committee.  The functioning of the Appeal Panel is to examine the Investigation Committee decision to determine whether there was an error of fact, of law, or of procedure.

Appeals are generally restricted to matters actually determined by the Investigation Committee.  Where the appeal raises a new point, the Appeal Panel must assess its ability to fairly decide the matter on the basis of the available information.  If the Appeal Panel is unable to fairly decide the matter without additional information, the matter should be referred back to the Investigation Committee to obtain the additional information.

Where the appellant brings forward new evidence, the Appeal Panel should assess whether that new evidence might reasonably impact upon the decision and, if so, whether the matter should be remitted to the Investigation Committee for reconsideration in light of the new evidence.

In the absence of an allegation of bias on the part of the Investigation Committee, the Appeal Panel’s threshold test for intervention is that the Investigation Committee’s decision contains an error of fact, of law or of procedure which warrants interference.  The Appeal Panel should not interfere simply because it might have reached a different conclusion on the case.

Method of Review

In making its decision, the Appeal Panel will consider the following materials:

  • Notice of Decision of the Investigation Committee
  • the letter from the complainant setting out the reasons for the appeal
  • the letter of response from the physician, if one is received
  • documents available to the Investigation Committee.

The Appeal Panel is not required to hold a hearing, so neither the complainant nor the physician have the right to appear in person.

Possible Outcomes

The Appeal Panel may do one or more of the following:

  • Dismiss the appeal;
  • make any decision that in its opinion ought to have been made by the Investigation Committee;
  • refer the matter back to the Investigation Committee for further investigation or consideration in accordance with any direction that the panel may give.

 Notification of Decision

The complainant and the physician will be notified of the Appeal Panel’s decision and the reasons for its decision in writing.