I just want to make sure I am clearly understanding you. Clause 41 of C-2, as it now stands, replaces section 752.1 of the Criminal Code by a new section, which is section 752.01. That new provision is the provision that will now make it mandatory for the crown, upon a third conviction of a serious personal injury offence that is also a designated offence—a third conviction with at least two years' imprisonment—for the prosecutor, to advise the court as to whether or not he or she, on behalf of the crown, will be seeking an application for remand and assessment. It has absolutely nothing to do with the section of C-2 that creates the reverse presumption once that application is made.
On November 20th, 2007. See this statement in context.