I believe you are, yes. If the crown is seeking a dangerous offender designation in the first instance, or even contemplating one, the number of times that that crown needs to exercise his or her discretion is of no comfort. Whether this is the first or second time, before or after the assessment, prior to the application—
I see nothing in Bill C-27 requiring a threshold. The way the system exists now—and I wanted to say this at the very beginning, when the first question was posed—it works. Cases are identified, crowns make applications, judges sit in judgment, and people who are dangerous are designated dangerous offenders. Those who fall below that threshold are designated long-term offenders.
I'm not happy to say, but in the cases I've done, I've lost in some instances. Why? Because there was evidence, and I had recommended against an appeal. Why? Because it was appropriate.
So the tinkering that Bill C-27 seeks to do serves no purpose, as far as I'm concerned, from a legal perspective. From a political perspective—and I don't want to comment on the political perspective—I can see where it might have some efficacy. But from a legal perspective, it does nothing except create potential for charter scrutiny, and create an almost unbearable burden on the defence. This will deplete the legal aid resources and quite probably create a very invasive situation to prior victims and other people in the community who will be touched by such a broad defence onus.