The second return is in response to a question asked by Mrs. Jeannie Marie-Jewell on September 28, 1992, I know she is listening. This is with regard to authority responsible for delivery of legal documents to the board of inquiry. With regard to the Member's question pertaining to a proceeding before a board of inquiry established under the Medical Profession Act, this independent board does have independent legal counsel being provided through government funding.
A notice of the hearing is required under the Act, and must state the substance of the allegations. It is not an appropriate task for the board's independent legal counsel to draft and forward this notice of the hearing for service. For that reason, the board's legal counsel asked legal counsel to the Department of Health and Health Boards to do so. As you know, the Department of Health's legal counsel is a lawyer with the Department of Justice.
That is why legal counsel from the Department of Justice initiated the service of this one document, the only document which has been served to date. This ensures that the board does not have advance notice of the allegations before the hearing. At the hearing, parties have the opportunity to be present, including the Doctor, the board, counsel to the board, counsel to the doctor, and counsel to present evidence of the allegations. Counsel presenting the evidence of the allegations is generally a lawyer assigned by the Department of Justice, and will be, in this case. Thank you.