It would be done on a juror-by-juror basis, with the exercise of the peremptory challenge, and it would be where the objecting party, either the Crown or the defence, feels that the jury is no longer being representative, that discriminatory use underlies the exercise of the peremptory challenge. That's where the exercise would be engaged.
I don't see it taking very much time in jury selection, Mr. Rankin. This is the kind of thing, in my experience, that would take a trial judge something like five to 10 minutes at the outside to decide in making a determination about whether there has been prima facie or first impression of discriminatory use.
Overall, I think this is going to be time-efficient because of the alternative raised by Mr. Cowper.