Again, on the designated list, if there are two prior convictions from the designated list plus, in the crown's opinion, the third conviction is for a serious personal injury offence, then the only thing that does is require the crown to declare his intent on whether or not he has considered a dangerous offender application. Again, that's not binding on the crown or the court. There is no automatic. It's not leaning to a presumption. All it does is make sure that the crown has fully considered the part XXIV option.
Second, there is the primary list, the 12 offences. If there are in fact two prior convictions from the primary list that received at least a two-year sentence as well as the current conviction--the predicate conviction is from the primary list--and the court would otherwise give it a sentence of two years, then the presumption shifts from the crown, which is ordinarily beyond a reasonable doubt, to prove the dangerous offender criteria in section 753(1), and goes back to the defendant. He must prove that he does not on balance meet the criteria of a dangerous offender.