How have the courts in Canada dealt with dangerous offender applications under Part XXI of the Criminal Code?

66. The remaining argument is that the prosecutorial discretion results in a geographical lack of uniformity and that this constitutes impermissible arbitrariness. However, the appellant is not arguing, as the accused did in Morgentaler v. The Queen that this lack of uniformity is mandated by the terms of the legislation (which may or may not be a meritorious argument). Rather, this argument appears to recast the prosecutorial discretion argument. Moreover, variation among provinces in this regard may be inevitable and, indeed, desirable, in a country where a federal statute is administered by local authorities. In any event, it may be observed parenthetically that while the affidavit evidence suggests that dangerous offender applications are made more frequently in British Columbia (25% of all such applications) and, perhaps surprisingly, never in Quebec, Newfoundland, Manitoba or Prince Edward Island, no attempt has been made to explain the significance of this data, for example, by relating it to the relevant population of offenders potentially coming within the provisions of Part XXI.