PDD Appeal Panel Decision (November 30)
Mr. Chase: Thank you, Mr. Speaker. Last month the Court of Queen’s Bench of Alberta struck down a decision of the Persons with Developmental Disabilities Appeal Panel.
That decision was procedurally unfair, ruled the court, in part because the panel had relied on the evidence of an expert witness who was also a PDD employee.
To the Minister of Seniors. Judicial reviews can cost as much as $70,000. What about families that can’t afford this? How are they supposed to ensure that decisions affecting the supports that their loved ones receive are made fairly?
The Speaker: The hon. minister.
Mr. VanderBurg: Mr. Speaker, thank you for that question. To the member opposite: I have been made aware that the justice did in fact quash the decision of the appeal panel and has remitted it back to the appeal panel for a further decision.
Mr. Speaker, you’ll have to help me on this one. The appeal panel now is going to hear that, and I think I’ll be tight on my comments.
Speaker’s Ruling Sub Judice Rule
The Speaker: Yes. And I would not know that. You’d have to explain to me where we are in the judicial process. If it is before the courts or any one of the stages within it, then the minister should be very, very careful in what he says, and so should the member raising the question, by the way.
Mr. Chase: Oh, of course, Mr. Speaker.
PDD Dispute Resolution
(continued)
Mr. Chase: How does the minister account for such procedural irregularity given that the statement of mandate and role signed by a previous minister requires that the panel provide, quote, a fair and unbiased mechanism, unquote, of dispute resolution?
Speaker’s Ruling Sub Judice Rule
The Speaker: Well, it would strike me by the very words of that that we’re within one of the processes, hon. member, so I’m going to really caution here again.
Mr. Chase: Mr. Speaker, this has nothing to do with the court process.
The Speaker: Well, I’m sorry, hon. member. You and I now have a distinct difficulty in dealing with this because I do not know where it is in the process, but you did mention appeal.
Mr. Chase: Mr. Speaker . . .
The Speaker: Hold on just a second. We’re going to deal with this in an orderly fashion. I’m sure all the legal experts, including the Member for Edmonton-Riverview, will have a statement to make with respect to this.
Did you use the word “appeal” in your second question?
Mr. Chase: No, I didn’t.
The Speaker: Did you use any word that says that it’s under further review?
Mr. Chase: No. Would you like me to read it again?
The Speaker: Fine. I just want to be very clear here.
Mr. Chase: Okay.
The Speaker: The minister has the floor now. You raised the question.
PDD Appeal Panel Decision
(continued)
Mr. VanderBurg: Well, thank you, Mr. Speaker. The matter is now under the appeal of the appeal panel.
I can say very clearly that 417,000 seniors, 43,500 people on AISH, 9,400 people on PDD: all of those people I take very, very seriously. They’re under the care of this minister.
I know there’s a process that’s under way, and I’m going to respect that process, sir.
Speaker’s Ruling Sub Judice Rule
The Speaker: I just heard the minister say that it was under appeal. Is this not correct?
Mr. VanderBurg: Yes, sir. The justice has referred it back to the appeal panel.
The Speaker: Okay. Let’s be very careful what we’re talking about now. I will recognize the hon. Member for Calgary-Varsity for the third question. But if it is in any of the stages before the law courts, we do have a sub judice rule that we have to be cognizant of. That’s all I’m advising.
PDD Appeal Panel Decision
(continued)
Mr. Chase: I appreciate that, Mr. Speaker, your qualification. This is about government policy as opposed to court process.
Why must families in this province go to court to see that justice is done for their vulnerable loved ones?
Mr. VanderBurg: First of all, Mr. Speaker, I want to assure you that people who are applying for PDD go under an intense process. It’s called the SIS program, or supports intensity scale. Everybody is judged fairly. We want to make sure that Albertans that apply for PDD are given the utmost respect.
There is a process that each and every one has to go through.
Alberta Hansard, November 30, 2011