What is the test for determining whether a distinction has the effect of perpetuating arbitrary disadvantage on a claimant because of their race?

Ultimately, though, the question for determination remains “whether a distinction has the effect of perpetuating arbitrary disadvantage on the claimant because of his or her membership in an enumerated or analogous group”: Quebec v. A., above at para. 331, Abella J., dissenting. As a consequence, “[i]f the state conduct widens the gap between the historically disadvantaged group and the rest of society rather than narrowing it, then it is discriminatory”: Quebec v. A., above at para. 332, Abella J., dissenting.