Three-member panels

The SST chairperson decides on a case-by-case basis whether an appeal will have a three-member panel. SST vice-chairpersons bring appeals that may be suitable for a three-member panel to the chairperson’s attention.

The chairperson may decide that an appeal will be heard by a three-member panel if it involves:

• a question of general importance
• an unusually complex or emerging issue
• an issue where SST case law is developing or is inconsistent
• an issue that may have a significant impact on the SST’s procedures
• any other circumstance that makes it suitable for a three-member panel

The chairperson may also decide that a three-member panel will hear an appeal as part of member training.

In an appeal heard by a three-member panel, the decision of the majority determines what the outcome will be. For example, if 2 of the 3 members decide to allow your appeal, your appeal will be allowed.

The reasons for the decision explain why the members decided what they did. There are 3 possible scenarios for what the reasons will look like:

1. If all 3 members agree on the decision and reasons, the panel will issue 1 set of reasons
2. If a member disagrees with the other members on the decision, that member will write dissenting reasons (reasons that explain how they disagree with the other members on the decision)
3. If a member agrees with the other members on the decision but disagrees on the reasons, that member will write concurring reasons (reasons for the decision that are different from the other members’ reasons)

When you get the written decision from the three-member panel, the reasons of the majority will appear first in the document. Any dissenting or concurring reasons will appear after.