What would need to happen is for some of those immunities to be stripped. The bill includes an explicit provision that civil immunity is granted to border officers. There's no civil remedy. You can't go to the courts for the border officers. It also explicitly states that the State Immunity Act applies. Under the State Immunity Act, again, the border officers themselves are immune, and the U.S. government as a whole enjoys immunity except for where there is death, bodily harm, or damage to property. There's an explicit statement that the border officers will not be crown agents, therefore barring access to the federal courts as well, as an agent of the crown. The three avenues in which you most often seek recourse to the courts are explicitly barred.
I understand the first time the minister appeared you suggested that he or his aides might come back for a second hour of questioning. I would invite you to pose that question to the minister, “Where are the mechanisms that allow us to enforce those charter protections?”, or to ask the question, “How are the enforcements going to be measured against the charter and its applications and other Canadian human rights legislation?”
We have scrubbed down the present bill and the Preclearance Act as a lawyers' organization, and so has the CBA and so has the Canadian Civil Liberties Association. As organizations we find this deficient in the bill. We don't see a mechanism for its enforcement, for its use.