Hearings2021-07-08T17:03:40-06:00

The requirements for hearings are outlined in the Health Professions Act.

A complaint is referred to a hearing only if the evidence presents reasonable grounds that unprofessional conduct has occurred. The complainant will be updated throughout the process and may be called as a witness during the proceedings, but it is important to note that the complainant is not a party in these proceedings.

Upcoming Hearings at the College
Under the Health Professions Act, hearings are typically open to the public. To attend a Hearing, you are required to pre-register with the College, as space is limited. Attendance will be reserved on a first-come, first-served basis. The College is unable to accommodate anyone who is not pre-registered.

Email hearings@ABparamedics.com with your full name and contact information as well as the Hearing date you’re interested in attending.

Unless otherwise specified, Hearings take place at the College office. Please read our Attending a Hearing at the College guide to understand more.

Registrant

Hearing Date(s)

Hingley, Donald

July 27, 2021

Moore, Kieran

September 20, 21, 22, 27 & 28, 2021

Moore, Jennifer

September 20, 21, 22, 27 & 28, 2021

Pals, Ryley

July 27, 2021

In accordance with Part 4 of the Health Professions Act, discipline Hearings are open to the public unless otherwise determined by the Hearing Tribunal.

The purpose of a Hearing2021-06-08T16:57:54-06:00

A hearing is held to permit the Hearing Tribunal the opportunity to determine if the allegations in the Notice of Hearing have been proven and if the behaviours can be deemed unprofessional conduct, as defined in the Health Professions Act.

Notice of Hearing and Charges2021-06-08T16:58:33-06:00

College administration provides a copy of the Notice of Hearing to the complainant and the investigated member. The Notice of Hearing outlines the allegations of unprofessional conduct that will be heard at the hearing. Further information may be provided depending on the requirements of the hearing.

It is important to note that not all elements of the original complaint may be included in the Notice of Hearing. Only those allegations that the investigation process deemed to be founded will be discussed during the Hearing.

Hearings Tribunal2021-07-08T16:58:22-06:00

The Hearing Tribunal consists of four individuals – two regulated members and two public members.

The Hearing Tribunal’s role and responsibility is to hear submissions (oral/written submissions, evidence, witness testimony, etc.) from the practitioner and the College with respect to the charges and determine if the charges have been proven.

During the course of the hearing, the Hearing Tribunal may respond to questions about the procedure used in conducting the hearing or ask clarifying questions of the investigated registered practitioner, College legal counsel, or witnesses. However, it must not respond to questions regarding the merits of the complaint or standards of practice. Decisions regarding the merits of the complaint are made once all evidence has been submitted and considered by the Hearing Tribunal.

The Hearing Tribunal will have legal counsel present to:

  • Provide the Hearing Tribunal with advice on issues that may arise at the Hearing
  • Review the Hearing Tribunal’s reasons to ensure legal principles are met
  • Assist the Hearing Tribunal in writing the decision
Witnesses2021-07-08T16:59:18-06:00

In consultation with the investigated member’s lawyer, the College will determine the witnesses required to attend the proceedings and issue a Notice to Attend as a witness to all relevant parties.

The Notice to Attend will advise the witness to attend the hearing, on whose behalf they are being called (College or investigated member) and provide the name of the investigated person, date, time and place at which the witness is to attend and the documents, if any, the witness is required to produce.

Witnesses are excluded from the hearing room until their turn to give evidence and are examined under oath. A member of the Hearing Tribunal will swear in the witness using the Religious or Non-Religious Oath, whichever is requested by the witness. Following the oath, witnesses are required to state their name for the record and spell their last name.

Who attends a Hearing?2021-07-08T17:00:40-06:00

Once a complaint goes to a hearing, this is now a procedural piece involving the College, the hearings tribunal and the regulated member. A hearing is open to the public, including the complainant if they choose to attend, however, there is no opportunity for anyone other than the College, hearing tribunal or regulated member’s lawyers to speak to the complaint.

Complainants are not permitted to speak at a hearing unless called as a witness for the College (and the College will provide official documentation on this process.).

If you require any assistance with the complaint process, please contact the College.

Are Hearings open to the public?2021-07-08T17:01:40-06:00

Hearings are generally open to the public; however, the Hearing Tribunal is authorized to order all or parts of a hearing to be held in private. This is in keeping with sec. 78(1) of the Health Professions Act.

The College lists the date of upcoming hearings and the process to attend.

What happens when the Hearing concludes?2021-07-08T17:02:46-06:00

Following the hearing, the complainant and practitioner will be provided with a copy of the Hearing Tribunal’s Decision. If the Hearing Tribunal has reasonable grounds to believe the practitioner has committed a criminal offence, the decision will be sent to the Minister of Justice and the Attorney General. Regulated members are required to comply with orders of the Hearing Tribunal, and will be monitored by the Complaints Director.

What are some of the outcomes of a hearing?2021-06-08T17:02:25-06:00

If a regulated member is found guilty of unprofessional conduct, some of the things a hearing tribunal is authorized to mandate are that the regulated member:

  • complete additional education or training,
  • pay a fine or costs of the hearing/investigation to the College
  • be suspended from practicing for a specified period of time, or in particularly egregious cases the permit be cancelled permanently

While it is important to know that the hearing tribunal is granted significant authority to impact how a practitioner can practice, they can not mandate damages be paid to the victim or order prison time like a court of law in a criminal or civil case might.

Appealing a Hearing Decision2021-07-16T14:25:51-06:00

Only a practitioner or the Complaints Director may appeal the decision of the Hearing Tribunal to the College Council by submitting a written notice of appeal that (a) identifies the appealed decision, and (b) states the reasons for the appeal. A Notice of Appeal is to be served to the College within 30 days after the date of the decision.

Beyond the College Council, the only further appeal possible is to the Alberta Court of Appeal.

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