Future of Sask. census prosecution in question
Crown says case against activist will proceed, but legal expert skeptical
Last Updated: Friday, July 16, 2010 | 12:02 PM CST
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A Saskatchewan woman fighting a federal law requiring her to fill out the census could have some new ammunition when she goes back to court in September, a legal expert says.
The federal government announced last month that it will no longer be mandatory to fill out the long-form census in 2011. (CBC) The federal government recently announced it will not compel anyone to fill out the longer version of the census in 2011, saying it's too intrusive, although filling out the short form will still be mandatory.
The change could affect the legal fortunes of Sandra Finley, a longtime Saskatoon activist who refused in 2006 to fill out the long-form version of the census, which asks for detailed information about people's homes and lives.
Finley became one of 64 people charged under a federal law with non-compliance with that year's census. Finley said she objects to Statistics Canada purchasing software from U.S. defence manufacturer Lockheed Martin.
"I don't see any reasons why my tax dollars should be going straight to them," Finley said.
Other activists worried that Lockheed Martin's involvement in the census could compromise their privacy, since the American company is subject to the U.S. Patriot Act and could be ordered to turn over data.
Finley has already given her testimony and will be back in court in September, when final arguments will be made. If found guilty, she could be fined up to $500 and spend up to three months in jail.
However, the federal about-face on the long census may make it tough to prosecute people like Finley who refused to fill out the survey in the past, University of Saskatchewan law professor John Whyte said.
"I think that the prosecutorial branch doesn't want to be involved in hammering away at cases for which the government has publicly agreed that there's an injustice," he said.
Whyte said he expects at least an adjournment is possible in the Finley case while the government finalizes its plans for the census.
However, the federal prosecutor dealing with the case told CBC News the Finley case is still scheduled to go ahead.
Under the changes proposed by the Conservative government, all Canadians will still receive a mandatory short census. One in three households will be sent the new household survey as well, but filling it out will be voluntary.
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