A/HRC/13/23/Add.2 Take effective steps to protect against profiling and establish community confidence in unbiased policing 100. Minority communities raised serious issues regarding policing, including racial profiling as a systemic practice, biased, heavy-handed policing of some communities and allegations of excessive use of force leading to deaths, particularly of young black males. Perceptions persist that the police act with impunity in some localities and that investigations are not conducted by independent authorities or civilian review boards. 101. It is essential that investigations into serious allegations of police misconduct have the confidence of communities concerned, are carried out by bodies that are perceived by communities to be independent and that mechanisms of civilian oversight are strengthened where they exist or established where they do not. 102. Initiatives by police authorities to strengthen community relations and enforce internal non-discrimination measures are welcome, but must be enhanced. Steps should be taken to dramatically increase minority employment in the national, provincial/territorial and municipal police forces. Requirements for reasonable suspicion should be established for all police stops. Statistics should be collected and publicly reported which anonymously identify the ethnicity of the subject each time an officer stops a person, noting the nature and justification for the action. Data should be retained to assess what percentage of those stops has resulted in grounds for arrest and convictions. Disaggregated data should be required throughout the criminal justice system and publicly reported annually, as a measure to enforce bans on racial profiling. 103. Oversight mechanisms should be strengthened with respect to scrutiny of the necessity and proportionality regarding the use of force by a police officer in every case. The methods of scrutiny should allow a comparison between the frequency and severity of force used in situations involving minority as opposed to majority community individuals. Ensure that counter-terrorism measures meet human rights standards and avoid profiling 104. Members of Muslim and Arab communities commonly reported that Government policies post September 2001 have made them feel targeted, profiled and harassed. They described indiscriminate, unfair and unjust treatment by federal, provincial or territorial authorities, the media and others. They described anxiety about speaking out about their concerns and expect a backlash when they seek avenues of redress. They are concerned about racial profiling and the use of Security Certificates based on unsubstantiated information. They perceive they have a second class citizenship when they are abroad and require the assistance of the Canadian authorities and consular services. Steps must be taken to address these concerns, answer allegations, and to build positive relations and confidence among communities that feel targeted by national security legislation. Strengthen mechanisms of redress and access to justice throughout the country 105. The Constitution of Canada recognizes the authority of provincial or territorial governments in such fields as education, non-federally regulated employment, the delivery of health care and social services. These are critical responsibilities with respect to equality in the protection of social and economic rights. 106. The constitutional arrangement of shared responsibility for human rights between federal Government and provincial/territorial governments has resulted in an uneven and unclear enforcement system that varies between provinces. The federal 22 GE.10-11860