First of all, unlike any other review board structure, this is the only one that exists in every province and every territory. It is required under the Criminal Code provisions.
Second, we are talking about respecting the fact that these decisions are significantly different from the review board under the Criminal Code. The province names the board, and would appropriately rename the board to include the additional mandate. The composition is chaired by a superior court judge. As indicated by CCD, we feel that is essential. Why? It is so that there are written reasons that provide precedent, which means that cases do not need to go to hearings and review boards. The guidance is available to enable physicians to appropriately bring forward those situations that are mandated under the Carter case for a decision.
Consistency exists now. The provinces appoint all of the members. The province names the board. The board is available and goes to the person who requires the hearing where an oral hearing is required. Plus, of course, it has passed the constitutional muster of having been in the Criminal Code for many years now without any challenge, and it addresses significant issues such as treatment.
Professor Lemmens.