Right. Well, in developing a measure that has a discriminatory impact, the onus is on the security and law enforcement agency to justify it--and I emphasize the word “justify”. Guidance has been provided by jurisprudence. The test includes looking at whether the measure is necessary, whether there are less discriminatory ways of achieving the same objective, the effectiveness of the measure, and the extent to which the infringement on human rights outweighs the benefits gained.
On the process, if we're talking about something that has happened and someone wishes to bring a complaint about it, they would file a formal complaint with the Canadian Human Rights Commission. We would first check to see if it was within our jurisdiction, and then determine whether it warranted further inquiry. If not, it would be dismissed; if yes, it would go to the tribunal.
Of course, within that we have a complete structure for dialogue mediation and that sort of thing, which can often create systemic change and policy change within organizations.