Since the Review Board is empowered under criminal law powers under s. 91(27) of the Constitution Act, 1867 the sole justification for its jurisdiction is public safety. Therefore, the nature of the inquiry is the danger the accused may pose to public safety rather than whether the accused is "cured". For instance, many "sick" accused persons are discharged absolutely on the basis that they are not a danger to the public while many "sane" accused are detained on the basis that they are dangerous. Moreover, the notion of "significant threat to the safety of the public" is a "criminal threat". This means that the Review Board must find that the threat posed by the accused is of a criminal nature.
since the review board is empowered under criminal law powers under s 91(27) of the constitution act 1867 the sole justification for its jurisdiction is public safety therefore the nature of the inquiry is the danger the accused may pose to public safety rather than whether the accused is "cured" for instance many "sick" accused persons are discharged absolutely on the basis that they are not a danger to the public while many "sane" accused are detained on the basis that they are dangerous moreover the notion of "significant threat to the safety of the public" is a "criminal threat" this means that the review board must find that the threat posed by the accused is of a criminal nature