I'm cognizant of the information Mr. Hoover has just given us. While he appreciates what Mr. Lee is attempting to do, and notwithstanding the lack of consultations with the stakeholders, the most effective way to achieve what Mr. Lee is attempting to do would be under subsection 754(1), the hearing of the application.
It states that:
Where an application under this Part has been made, the court shall hear and determine the application except that no such application shall be heard unless
(a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;
(b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application
My question is this. To achieve what Mr. Lee is attempting to achieve, if I follow you correctly, Mr. Hoover, the line that says “outlining the basis” would be amended to say something to the effect of “outlining the basis on which it is intended to found the application, including the criteria to be used by the court in making its finding”, or making a reference back to subsection 753(1), where it lists the pattern of repetitive behaviour, the pattern of persistent aggressive behaviour, behaviour of such a brutal nature, etc. That's where one would do it.