Concern: The Supreme Court of Canada Objective Summary prepared by an SCC lawyer for submission to the Panal of 3 Justices who will decide whether to grant leave-to-appeal is not objective.
I emailed my lawyer as follows.
He responded:
The way I understand it, this is an ongoing process.
I have contacted the SCC to see whether we can get the summary changed.
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Hi Steve,
What is the deadline for responding to the Objective Summary?
Marie-France’s fax to you (Sept 23) says we are receiving the Summary “to ensure no significant errors”.
It would be easier to correct a “factual mistake” than what has been done in the Summary (see APPENDED).
I think we have to try and get the Summary changed to be “objective”, which it is not.
What is the time-line for doing so?
Sandra
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APPENDED
Re: “only allowed to correct factual mistakes” in the SUMMARY
A few points:
1) The particular facts selected have a large influence on the viewpoint created in the reader/listener.
2) The repetition of a single argument in a brief document reinforces a particular viewpoint while simultaneously screening out all other equally valid facts.
3) The Objective Summary is two paragraphs.
PARAGRAPH 1: leads with “refused to fill in and return any of the long form census form”
PARAGRAPH 2: first sentence is “refused to fill in and return any of the long form census form”
4) A rational person who has only this Objective Summary for input, will be misled.
The Law as applied by Statistics Canada and the Justice Department does not provide for partial completion of the form. I had lengthy and on-going conversations with Statistics Canada about the dilemma with the 2006 census, starting two years (early 2004) in advance. They did not offer any option in choosing which questions to answer. It is all or nothing. Beginning in 2008 the consistent and repeated threat to me was to answer the questions and if not, face prosecution, a fine of up to $500 AND/or 3 months in jail.
The fact that there is no option – all or nothing – – is at the very least, equally pertinent to the statement “refused to fill in and return any of the long form census form”.
The Objective Summary presents and repeats one selected fact which significantly biases the Summary.
Sandra