We did raise these issues with respect to the private member's bill that was before Parliament last year, but our focus, of course, is primarily privacy, according to the grid of analysis that I've just outlined. Is the stated objective compelling? We think it is. Are these measures, including automatic roadside testing without grounds, necessary and proportional? We think that on the whole the government has made a reasonable case for the necessity and the proportionality of that particular measure.
There's no question that there is a risk that in the implementation of these provisions, if they are adopted, they will be implemented in a way that would disproportionately affect certain minority groups or other groups. It's a risk. The question I would put to you is whether it is a risk that is sufficient to address in the Criminal Code federally, or is that something that should be addressed either in provincial laws or provincial or municipal practices as to how the Criminal Code is actually being implemented?
For instance—and I'll just conclude on this point—there was a police practice in Toronto called “carding”, whereby people were stopped by police officers randomly, and allegedly arbitrarily, with a view to collecting information about them and then taking adverse measures against them. That practice was criticized by a number of people—provincial privacy commissioners—and the Ontario government took action in issuing certain directives. Also, a bill is before the Ontario legislature.
That's a long answer to say, yes, there is a risk of discrimination. Is the best way to address this to have provisions in the Criminal Code to dictate how the law will be administered locally? Or should we rely on provincial and municipal authorities to do the right thing to ensure the law is administered properly?