No, Statistics Canada “surveys” are not mandatory. The law is clear, scroll down to THE SHORT OF IT ON “SURVEYS”.
ASIDE (Most of you know this and can skip):
“StatsCan” is Statistics Canada. In the U.S. that function of government is known as the Census Bureau.
The questions about StatsCan Surveys (and censuses) are made worse by the involvement at StatsCan of the American military-industrial-surveillance complex represented by Lockheed Martin Corporation.
Lockheed Martin does intelligence contract work for the NSA (National Security Agency) of the United States “Defence” Dept, more accurately a War Dept. International surveillance is among Lockheed Martin’s specialties, along with “lobbying” (crossing palms with silver) and disdain for the Rule of Law. Lockheed Martin played an important role in the decision by the U.S. to start the illegal Iraq War and profited mightily by that decision. It (Lockheed Martin) is symbolic of everything that is not Canadian.
(More accurately we Canadians like to identify with a Myth of Canada. Lockheed Martin is symbolic of everything that is not that Myth.)
Detailed files on citizens (the data base at StatsCan) is a goal of every imperialist, corporatist, police state – – past and present. Canadians have the Charter Right to Privacy of Personal Information for good reason. The Right is ours, only insofar as we are willing to be aware and to defend it.
But hey! You don’t have to even think about American military and surveillance intrusions into Canada. You need only know that Surveys are voluntary under Canadian Law, and that we do have an eloquently stated Charter Right to Privacy of Personal Information.
UPDATE: Input from Steve enabled the construction of a Timeline. 2016-07-01 According to StatsCan Website: Surveys are Mandatory, then Voluntary, then Mandatory.
Excerpt:
When a citizen advised StatsCan of legal action against them for harassment over a Survey, StatsCan sent a letter to the citizen to say that Surveys are voluntary. The letter had the effect of bringing a halt to the legal action. In that time period, Steve read on the StatsCan website that “all surveys are voluntary”.
But the page, perhaps as late as June 2nd (“Date modified”) was changed back to say that the specified surveys are mandatory (which they are not under the law, the Statistics Act.)
The posting StatsCan Website: Surveys are Mandatory, then Voluntary, then Mandatory (July 2016) contains:
- the information on the Statistics Act below, plus
- minor arguments I had not bothered to address in the past.
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Before addressing SURVEYS,
Is the CENSUS mandatory? . . . yes, IF it does not infringe on citizens’ Charter Right to Privacy of Personal Information – – see
And note:
The participation and questions of many concerned citizens over more than 15 years (since 2003) has generated comprehensive documentation to explain the Laws, the difference between censuses and surveys, the collaboration between countries, the security of data bases, profiles on Lockheed Martin Corporation, questions of ethics and the responsibilities of citizens in a democracy, the use of census data bases in Nazi Europe and in the USA to round up “enemies”, the role of forgetfulness and ignorance, the use of propaganda by the Government, attempts to explain how and why academics and others rationalize away important Charter Rights and abdicate the ethical, . . . Questions and answers – – the experiences of many people are found in “Comments” on different postings. If you have questions feel free to use the “Comments” to ask them.
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THE SHORT OF IT ON “SURVEYS”
StatsCan is saying that these words from the Statistics Act (Section 8, Voluntary Surveys)
where such information is requested (answers to questions on the survey) section 31 does not apply in respect of a refusal or neglect to furnish the information.
Mean
you have to fill in the survey and if you don’t you can be prosecuted, fined and sent to jail
(Section 31 is the sanctions, fine and jail, if you are guilty of non-compliance with a Census. Censuses are once every 5 years; surveys are being done all the time.)
That is a ludicrous interpretation of the words. It is simply not what they say.
Section 8, “Voluntary Surveys”, says:
where “such information” – – i.e. a survey – – is requested THE SANCTIONS DO NOT APPLY.
If the sanctions do not apply, surveys are voluntary. Which is ALSO what the HEADING of Section 8 is about.
StatsCan is out-to-lunch. Their interpretation is self-serving.
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Closely Related to the issue of the law on Surveys is the Charter Right to Privacy of Personal Information. That Law is addressed separately, see: 2010-12-23 Charter of Rights and Freedoms, Section 8 Privacy – Case Law: The Queen Vs Plant protects a “biographical core of personal information” from the state. Oakes Test to override.
Acceptance of StatsCan’s position is dangerous when Lockheed Martin Corp (American surveillance) is involved. The data base on Canadians at StatsCan is relentlessly growing. We have a Charter Right to Privacy of personal information. Anyone who believes that their personal information is secure in the StatsCan data base is extremely gullible or ill-informed. Edward Snowden and Ladar Levison remove any doubt. (More information on Lockheed Martin’s role and connections below.)
NEWSPEAK: JoAnne wrote down the wording in the StatsCan brochure that says “it is the law. It is mandatory. You have to supply the information”. (Now moved to the comprehensive argument found in 2016-07-01 StatsCan Website: Surveys are Mandatory then Voluntary then Mandatory.
The StatsCan brochure is propaganda, for us and for its workers. The Orwellian word for it is “newspeak” (new speak). People come to believe lies, if they are repeated frequently.
So we just keep repeating and spreading the truth.
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UPDATE SEPT 2015: See also Advocating for detailed files on citizens (very troubling that any educated person in a democracy would advocate in support of comprehensive files on citizens; that is what they are doing). So-called Uneducated people would know not to do it.)
UPDATE MARCH 2016: 2016-03-18 Does Lockheed Martin Corp have a role in the 2016 Census? This is an important posting that spells out the Five Eyes (FVEY) – the U.S., U.K., Australia, New Zealand, Canada plus Lockheed Martin collaboration on censuses. Compatible data bases between nations enhances surveillance capability.
UPDATE JUNE 2016: I happened on a Reddit exchange re harassment by StatsCan, from end of 2015. A person tells that StatsCan did acknowledge that surveys are voluntary. See StatsCan Surveys: Has anyone successfully sued StatsCan for harassment? from exchange on Reddit
I ended up contacting a lawyer and advised Stats Can that we were seeking legal action and Stats Can sent us a letter a couple of weeks later confirming that the Labour Force Survey is voluntary and have since stopped harassing us on the phone. Which seems to have resolved the problem for us, at least.
UPDATE JUNE 2016: 2016-06-29 Democracy, the Rule of Law. Victory over StatsCan surveys? Celebration of Canada Day, includes info from StatsCan website – – seems that Canadians DID win the battle to make StatsCan observe the Rule of Law in its relationships with Citizens! Wow!
UPDATE JULY 1: BUT THEN StatsCan, cunning devils – – legal action against them for harassment over surveys was halted by their letter saying that the survey was indeed voluntary (the Reddit Exchange). They changed their website to say “all surveys are voluntary”, waited a few months. Then changed the website back to say that some specified surveys are mandatory, see 2016-07-01 StatsCan Website: Surveys are Mandatory then Voluntary then Mandatory. The posting includes the most recent, comprehensive argument: under the Law, surveys are voluntary.
UPDATE NOVEMBER 19, 2018 “Re-spendable revenue”
I could not understand WHY StatsCan would alienate Canadians the way it has been doing – – lying, harassing, always demanding MORE – MORE data, personal data.
There is information in this posting – – not reflected in the title – – that provides an “aha!” moment: StatsCan is in the Business of selling data. They made more than 100 million dollars in 2017.
Statistics Canada kept Trudeau cabinet, privacy commissioner in the dark about controversial bank data harvest plan, Global News
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ASIDE July 2012: I sent a complaint to the Federal Privacy Commissioner, StatsCan is using intimidation and a lie to force citizens to give up their charter right to privacy of personal information. See 2012-07-13 StatsCan Surveys, Complaint to the Privacy Commissioner
Six years later,
2018-11-16 the BLIND SPOT in Privacy Commissioner’s investigation of StatsCan (getting personal data from the private sector)
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StatsCan “surveys” (in contrast to “censuses”) are explained in:
- 2010-03-31 Edmontonian Susan Crowther threatened by StatsCan. Statistics Act, what is a census and what is a survey? What is the law? StatsCan is operating way outside the law.
- Are StatsCan surveys mandatory? Interpretation of the Law.
- 2010-07-31 Harassed by StatsCan, Margaret Fehr, Saskatoon Star Phoenix
A brief digression – – –
If you are not aware that Lockheed Martin Corporation (American military) is involved in the Statistics Canada data base on Canadian citizens, and that data collection on individuals is relentlessly on-going, please click on Lockheed Martin, War Economy (also info on Census, Trial).
This is particularly relevant given the leaks by
about American NSA “back door” access to data bases. Lockheed Martin does work for the NSA, as documented elsewhere on this blog.
Why would we enable NSA and FBI surveillance of ourselves? There is a non-ending stream of revelations of the extent of American military operations. Example :
June 24, 2015, France summons US ambassador over ‘unacceptable’ spying
http://www.theguardian.com/world/2015/jun/24/francois-hollande-says-us-spying-on-french-officials-unacceptable-nsa
To me, the resistance to Lockheed Martin is guerilla warfare.
The Government was wrong to contract out to an entity with the Intentions and track record of Lockheed Martin. Surveillance is one of the service lines sold by Lockheed Martin; they pride themselves on their superiority in this realm. Their role in American torture is documented on this blog, number one “contract interrogator” at American offshore prisons. The evidence of their production of land mines and cluster munitions, both illegal. Their role in the decision-making around the illegal war by the Americans on Iraq in 2003, the tragic outcomes of which continue to spread and worsen in the Middle East. They routinely bilk American tax-payers. They undermine democracy with their huge lobbying campaigns, . . . How the Government ever expects to gain collaboration by Canadians with such repugnance is beyond me.
The original Census contracts with Lockheed Martin were in the $50 million range (the amount and the source is in other postings). How much we have paid in total, just for its participation at StatsCan I do not know. We pay them millions of dollars to look after the health records of the Canadian military, a terrible conflict-of-interest. Lockheed Martin is worming its way into our universities – Dalhousie, Royal Military College, University of Saskatchewan, a collaborative aviation (drone) program in Saskatchewan involving First Nations. And they want to saddle Canadians with billions upon billions of dollars for their F-35 stealth bombers.
Lockheed Martin is the antithesis of what it is to be Canadian. If they were one of us they would be locked up in jail and the key thrown away. It is wrong to collaborate with them. It is far worse than collaborating with the mafia when viewed through the lens of actual corruption, violence, death and destruction.
BUT! Back to question-at-hand!
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ARE STATSCAN “SURVEYS” MANDATORY? RESPONSES TO QUESTIONS I’VE BEEN ASKED (e.g. HAS ANYONE ACTUALLY BEEN PENALIZED?)
AND STORIES FROM PEOPLE WHO HAVE BEEN SELECTED TO DO A SURVEY
RE whether surveys are in fact mandatory?: the world is not 100% certain because – – human beings are involved! The Statistics Act says that SURVEYS are voluntary. The data-collection done by StatsCan in between censuses, under the Act, is defined as a survey. So surveys are in fact voluntary.
RE whether there are legal penalties for not taking part?: The Statistics Act says specifically that the penalties for not complying with a census DO NOT APPLY to surveys. So there are no legal penalties for not taking part. The threats that Statistics Canada tells you (you can be prosecuted, sent to jail and fined) are simply intimidation tactics to try and make you take part. You have free choice to participate or not participate in the surveys and there are no penalties depending on your choice.
RE: has anyone been actually penalized for refusing to give in to Statcan’s pressure? Divide this answer into two parts:
1. SURVEYS Many people have been harassed and threatened. I am not aware of anyone who has been penalized (taken to court) for refusing to participate in a survey.
Which makes sense because, in order to apply penalties of any kind, StatsCan has to go through the Justice Dept (a court case). The Justice Dept Prosecutors would know that if someone stood up to them in Court over trying to force participation in a SURVEY, the case would be thrown out of Court. The Statistics Act says specifically that participation in “surveys” is voluntary.
2. CENSUS The census (once every 5 years) is different. Yes, a miniscule number of people have actually been penalized for not supplying information. (“Search” button, upper right hand corner of this blog for details by name of the persons named below.)
2006 CENSUS:
The only FINE I know about: Todd Stelmach from Ontario was fined $300. The maximum fine possible is $500.
Darek Czernewcan (Ontario) was found guilty but given a suspended sentence; the Judge was annoyed that Prosecution Services brought Darek to trial.
I (Saskatchewan) was found guilty but given a discharge.
2011 CENSUS:
Three women selected for prosecution. Each one of the women objected to Lockheed Martin’s involvement at Statistics Canada:
- Audrey Tobias, 89 years old, Toronto ON
- Janet Churnin, 79 years old, Toronto ON and
- (Karen) Eve Stegenga, a self-employed yoga instructor, 37 years old, Powell River BC.
(under the Statistics Act, censuses are mandatory, surveys are not. We are talking here about censuses.)
2011 Census, Statute of Limitations – a two-year time limit within which charges can be brought. The ladies received their summons to court in 2011+ 2 = 2013. The trials were wrapped up by summer 2014. (The next Census is in May 2016 – – every 5 years.)
In the eyes of StatsCan and the Federal Justice Dept, these three women are obviously a threat to other people in their communities. Hence deserving of prosecution.
Different Judges took a different view than Federal Prosecution Services. Strictly speaking the Law may have been broken (if the Charter Right did not apply, i.e. if the information requested was not personal). The Judgements were:
- (Karen) Eve Stegenga received a conditional discharge (July 17, 2014). She did 25 hours of community service. She does community service all the time, it’s not really a sanction.
- Janet Churnin received a conditional discharge (December 2013). 50 hours of community service. Same status as Eve – community service is part of her life.
- Audrey Tobias was found not guilty by a creative Judge (October 2013).
It is good to see Federal Prosecution Services putting tax money to good use. The cost of any one of these trials is very high – preparation, consultations, judges, prosecutors, court workers, facility costs, opportunity costs (the money could have been put to better use) , , , .
As reported elsewhere on this blog, by 2011 non-compliance with the Census was 11% (not the 2% reported by StatsCan). The 11% figure is based on the testimony under oath by the head of the Census operations at the trial of Audrey Tobias.
Hopefully, after the Stegenga, last case arising out of the 2011 Census, the Justice Dept “gets it”: the collective conscience of Canadians is strong. The Justice Dept and StatsCan are not going to obtain compliance by using the threat of prosecution. (Acknowledge: not all the non-compliance is because of Lockheed Martin’s involvement.)
Prosecution Services wanted a $250.00 fine in Eve’s case, plus community service and probation.
The intent was deterrence for other Canadians. It seems to me to be a backward argument. They will get higher rates of compliance, not through coercion but by getting rid of the cause of the conscientious objection: Lockheed Martin. (They might also try respect for the Rule of Law – – Charter Right to Privacy of Personal Information, and Oakes Test has to be argued in Court and passed if the Govt wants to override the Charter Right.)
Anyhow, the Judges are not upholding the lordly status of StatsCan and Federal Prosecution Services. Statscan’s batting average, based on court conviction with a fine is pretty abysmal (a fine in ONE case, Todd Stelmach. Todd’s case, Kingston ON, received very good coverage by local media. I interpreted the coverage as supportive of Todd, not of StatsCan and Lockheed Martin).
you’d think StatsCan and Prosecution Services (Federal) might get embarrassed and stop prosecuting Census non-compliance.
WHAT ARE THE CHANCES THAT A NON-COMPLIER WILL BE PROSECUTED? . . . a 0.004 % chance
Elsewhere on this blog in discussions about the CENSUS, and what people might expect if they do not comply, I calculated the chances of any one person being prosecuted, based on information given by StatsCan Director of Censuses, Yves Beland, under oath at the trial of Audrey Tobias:
1.6 million did not comply out of 14.6 million households
(Aside: non-compliance with the Census had grown to 11% by the 2011 Census; StatsCan reported this (1.6 million out of 14.6 million) as 2% non-compliance.)
After each Census, it has been the practice of StatsCan and the Federal Justice Dept to select approximately 65 cases for prosecution.
The individual’s chance of being selected for prosecution is 65 out of 1.6 million non-compliers, much less than a 1% chance (a 0.004 % chance).
Regarding JAIL – – I have been told, but have no first-hand corroboration, that in years previous a farmer from near Prince Albert, SK was put in jail overnight for refusal to supply information. Otherwise, I am not aware of anyone who might have been sentenced to, or gone to jail because of charges under the Statistics Act.
Do they (StatsCan and the Justice Department) THREATEN people with jail? …. absolutely, yes they do and repeatedly. I can personally attest to that; and the stories from many Canadians backup my experience.
Clearly “the law” is being used in this instance as a tool of coercion.
“Give us your personal information . . . or else!”
Be damned the Charter Right to Privacy of Personal Information.
“In fostering the underlying values of dignity, integrity and autonomy, it is fitting that s. 8 of the Charter should seek to protect a biographical core of personal information which individuals in a free and democratic society would wish to maintain and control from dissemination to the state.”
And be damned the Rule of Law. No matter that it is fundamental to Democracy.
REPEAT: In the case of SURVEYS
as far as I am aware, after working on the issue since 2003 (well over a decade) with a network of people and having been myself on Trial over the Census:
no one has been prosecuted for failure to provide information for a Survey,
which would be because the Law says that
the sanctions for census non-compliance do not apply in the case of Surveys. Surveys are therefore voluntary.
RE whether i have to partake or not?
SURVEY: The Statistics Act is clear, you do not have to take part in a StatsCan survey.
CENSUS: From my perspective the Charter of Rights & Freedom is clear: the Government cannot force citizens to supply information that is part of a “biographical core of personal information”. (This applies to both censuses and to surveys.)
(Note: I was prosecuted for non-compliance with the 2006 CENSUS. My objection was actually to StatsCan/Public Works’ contracts with Lockheed Martin. When I was charged under the Statistics Act, the best defence was the Charter Right to Privacy of Personal Information. The “census long form” had 50+ questions, many of them very personal. You just do not allow Governments to build detailed files on citizens, not if you know anything about the running of a police state. And not if you understand WHY we have the Charter Right.)
But, as I say, we are dealing with human beings. The Courts in Saskatchewan held that it is unreasonable to expect privacy if the demand for personal information comes from StatsCan.
October 2013: The Supreme Court of Canada decided not to hear an appeal of the decision of the Saskatchewan Court of Appeal. The Sask Appeal Court upheld the decisions of the lower courts in Saskatchewan (in relation to the 2006 census long form I was found “guilty” but given a discharge.)
StatsCan continues to tell people that they have to hand over all the information requested in a Survey, because “It is the Law.”. They will be prosecuted if they don’t. That is not true.
I believe we have to strenuously defend Charter Rights. It is a low point, when, in the Province of Saskatchewan the Justices rationalized away the Charter Right to Privacy of Personal Information. Refer also to (brief explanation): The Oakes Test to over-ride Charter Rights. How Prosecutors get around it.
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ARE STATSCAN “SURVEYS” MANDATORY? STORIES FROM THE TRENCHES
The “Comments” below are valuable additions to the discussion.
In addition to the Comments posted on this page, there are more at Don’t know what to do about the census? What’s happening to other people? some actual questions and answers might be helpful. The overflow is at: 2011-07-13. Not everything is posted, there have been too many.
From Doug: I think your lawyer is trying to say that the Minister may authorize the survey to be voluntary, and I believe Parliament’s intent was to state the Minister may authorize the survey itself, not that it be voluntary. I believe the Minister is authorizing the OBTAINING OF INFORMATION, not the VOLUNTARINESS of it.
From Angela: Stats Can’s website describes the Labour Force Survey as “mandatory”, which does seem to be a contravention of the Act — unless they have the power to re-define “voluntary” surveys as mandatory, at their leisure. . .
From Patti: I understand it as the labour survey is not a mandatory thing, even though they want to treat citizens as if it is.
REMINDER: what is the actual law regarding Are StatsCan “surveys” mandatory?
the law, as written in the Statistics Act and according to Charter Rights?
Note that (the experience of my trial) Charter Rights are extremely vulnerable:
The Oakes Test to over-ride Charter Rights. How Prosecutors get around it.