Yes. This follows the question that my colleague Mr. Murphy asked.
As it stands right now, the crown has the discretion—and we're very concerned about the whole issue of the reversal of presumption—to make an application for remand and assessment. Once the assessment report is filed, and copies given to both the crown and the offender's counsel, the crown then has to make an application for a dangerous offender hearing.
So in the case you're talking about, I don't believe that even if the crown exercised his or her discretion to apply for the assessment, it would appear with the convictions that you're using. The assessment report would come back and not support that the offender is a dangerous offender, given the examples that you gave.
At that point, the crown would have to exercise his or her discretion again to file the second application of a dangerous offender. I'm talking about if Bill C-27 becomes law.
So you might want to rethink your example, because it's not automatic. Even with my concern about the reverse presumption, I still want to have solid fact. I don't think your example is a good one, because there's no mandatory assessment on third conviction.
Once the assessment happens, if the crown exercises his or her discretion to make an application for remand and assessment, and the judge believes there are reasonable grounds that the offender might be a dangerous offender, the judge orders the remand and the assessment. Once the report comes in, the crown again has to exercise his or her discretion to apply for an application.
Am I correct?