I'm not asking for departmental support. I'm just asking whether, if any member wished to go forward with the objective of Mr. Lee's amendment, the most appropriate section wherein that objective would be met would be an amended subsection 754(1) of the Criminal Code. If I'm not mistaken, it is already being amended by clause 48 of Bill C-2, and therefore a proposed amendment to section 48 would be in order.
I'm not asking for a ruling; I'm just making a statement, so the chair is saved by that.
My other question is whether, should an attempt be made for a friendly amendment from the floor—which the rules of this legislative committee permit—to section 48 in order to ensure that the criteria found under subsection 753(1) would be provided as part of outlining the basis, etc., it would not impede or diminish in any way the amendments the government is bringing to the Criminal Code that create the reverse presumption. This is the case where, once there has been a third conviction for a serious personal injury offence that is also a designated offence and for which the offender received a minimum of two years on each of the prior convictions, should the prosecutor in his or her wisdom decide to use discretionary authority and actually file an application, the reverse presumption that the offender is indeed a dangerous offender would obtain, unless the offender can rebut it through balance of probability. My question is whether this doesn't diminish and doesn't in any way attack the government's desire to create the reverse presumption that an offender is indeed a dangerous offender, which is rebuttable.