Victory for a census objector
In the summer of 2010, the federal conservatives took a lot of flack for doing away with the mandatory long-form census. The idea was that government should not be coercing people to share their private information. It was a dubious argument coming from this government, we argued at the time, considering its lessthan-stellar record on privacy issues; and all the stranger considering the short- form census is still mandatory.
but we now have a case study in how overzealous pursuit of citizen’s information
Why the government would make an example of an elderly veteran defies explanation
can senselessly harm otherwise law-abiding citizens.
On Wednesday, an Ontario judge acquitted 89-year-old Audrey Tobias of refusing to fill out the 2011 short-form census. Ms. Tobias faced time behind bars for refusing to pay a fine levied after this refusal. It’s a case that never should have gone to trial in the first place.
Ms. Tobias is a peace activist who objected to the fact that census data is processed by software developed by Lockheed Martin, a u.S. defence contractor. We don’t agree with her position — there’s nothing wrong with our government procuring the best software on the market, regardless of whether the company that makes it also produces fighter jets. but Ms. Tobias should be respected for standing up for her convictions, even when the state came after her in the courts.
Not only did Ms. Tobias show the courage of her convictions, she did so quietly, without grandstanding. It’s been two-and-a-half years since she refused to fill out the census, but the first media reports of her ordeal weren’t published until January, after she and 53 other individuals were charged under the Statistics Act. If the Ministry of Justice had simply left this grandmother and Second World War veteran alone, no one would have been the wiser.
Instead, the case turned into a public relations nightmare for the government, a sentiment that was echoed by the judge who heard the case. Of the 3,700 people who refused to fill out the last census, only a few were ever prosecuted. Why the government would choose to make an example of an elderly veteran living a quiet life defies explanation.
yes, of course, canada is a country that is governed by the rule of law, and everyone should be treated equally under it. but as the government only chose to prosecute a small fraction of the offenders, officials were clearly able to exercise some degree of discretion in who they chose to go after.
In one report published after Ms. Tobias was summoned to court, she explained that she was visited by government agents. “They came in and had a cup of tea,” she said. “They were all smiley and agreeable … I told them I’m a veteran. I want to be proud of my country. And I am ashamed of my Prime Minister and his cabinet.”
We should all be glad that the court exercised enough common sense not to put an elderly lady who was accused of a non-violent crime behind bars. but this likely won’t be the last time something like this happens.
Gathering accurate information on the population is important. census data provides the information used by legislators to craft good public policy. It is used to determine the distribution of seats in the legislature, and the allocation of public money. It is also an important source of information for researchers and businesses. We understand why the government would choose to levy a fine for non-compliance. but Ms. Tobias, who felt that paying that fine would be an admission of guilt, was then threatened with two years in jail.
That’s absurd. It is too pointy a stick to wave at citizens of a free society.