Sentencing takes place: Thursday January 20, 9:30 Courtroom #8 Saskatoon, Saskatchewan Provincial Court on 19th Street.
“What IS the law?” see 2011-01-21 .
StatsCan “surveys” that take place in between censuses, are, according to the Statistics Act NOT mandatory. They are voluntary and the sanctions (a fine and/or jail) do not apply. Taking us back to my original statement: what StatsCan is doing in between censuses, telling people that they have to supply the information requested in the “surveys”, under threat, is VERY illegal. It is coercive, using the threat of prosecution, a fine and/or jail to force people to supply information, when the Statistics Act specifically exempts “surveys” from the sanctions.
A NOTE REGARDING THE CURRENT LAW IN THE STATISTICS ACT and INPUT FROM TONY CLEMENT’S OFFICE:
– As far as I know, there were NO CHANGES to the Statistics Act, in the fall sitting of the Legislature. The existing Statistics Act stands.
The proposal, as I understand it, is to tell people that the census long form – – the “new” National Household Survey (NHS) – – is mandatory, but really it’s voluntary, because there won’t be penalties if you don’t fill it in. And so (using our great capacity to use language to manipulate) it can be mandatory to hand over your personal information AND it won’t offend the Charter Right to Privacy. Orwellian newspeak.
In the real world StatsCan workers are telling citizens that the NHS is mandatory, and if they don’t supply the information, they can be prosectued, fined $500 and go to jail for 3 months. By law, a “survey” is voluntary. StatsCan is using the threat of court active as a tool of coercion to force citizens to hand over personal information.
– June 2010-06-29 Tories announce that the compulsory census long form is no longer mandatory
– I subsequently emailed Tony Clement’s office to ask: are you introducing LEGISLATION to CHANGE the Statistics Act? (The Minister of Industry, Tony Clement, is responsible for Statistics Canada.)
– September 17, 2010 Tony Clement’s office responded: “ … our government announced its intention to introduce legislation this fall to remove threats of jail time for persons refusing to fill out the Census and all mandatory surveys administered by Statistics Canada”
(Full text is at: 2010-09-25 entitled Contradiction in proposed census legislation. George Orwell’s “newspeak”.)
– My response (September 17 – – from 2010-09-25) Excerpt:
SIMULTANEOUS “VOLUNTARY” AND “MANDATORY”
An important contradiction I point out, with the intention that it will be helpful to the changes to the legislation you are making. You say:
– “Census information . . . will be collected as part of a new voluntary NHS.” (INSERT: National Household Survey”.) You follow with the statement
– “legislation this fall to remove threats of jail time for persons refusing to fill out the Census and all mandatory surveys”
I think you would be the same as me: I would laugh in derision at any legislation which said that the census long form (INSERT: and/or StatsCan surveys) was simultaneously “voluntary” and “mandatory”. However, it is more than a laughing matter.
(INSERT: I didn’t word this properly. The Government’s statement makes “surveys” “mandatory”. This would actually be worse than the current law which makes surveys voluntary. See “THE LAW ON STATSCAN “SURVEYS” at 2011-01-21. The Statistics Act, as it currently stands, specifically exempts “surveys” from the sanctions that apply to failure to fill in a census form (prosecution, fine and jail). “Surveys” take place IN BETWEEN censuses.)
Continuing with my input to the Minister:
The word “mandatory” BY DEFINITION, means you have to fill it in.
That is what the actual word says and means. “Required or commanded by authority.”
By saying that the census long form (INSERT: or the Surveys) are “mandatory” you misinform people, whether there is threatened punishment (jail time) or not. I spend all my time trying to INFORM, not mislead. “Communications” or “spin-doctoring” is not right or helpful. Using words to say something that they don’t mean debases our language (“Newspeak” from George Orwell). Language is an extremely important communication tool. There is more than enough room for misunderstanding without deliberately saying what you don’t mean.
The proposal, as I understand it, is to tell people that the census long form – – the “new” National Household Survey – – is mandatory, but really it’s voluntary, because there won’t be penalties if you don’t fill it in. And so (using our great capacity to rationalize) it can be mandatory to hand over your personal information AND it won’t offend the Charter Right to Privacy. Orwellian newspeak.
– – – – – – – – – – – – –
And as explained many times over, the Census Long Form NEVER WAS MANDATORY because the Charter of Rights and Freedoms protects a “biographical core of personal information” and the Government cannot meet the criteria for overriding the individual right. (Charter Rights are a higher law than legislation such as the Statistics Act.)
The Judge disagrees (I was found guilty). Her interpretation of the Law is under appeal.
COPY OF THE JUDGMENT
Court decisions are posted on-line at http://www.lawsociety.sk.ca/WhatsNew/NewJudgmentsPC.htm
See also 2010-03-31 What is the law: StatsCan “surveys” vs census? Edmontonian Susan Crowther threatened by StatsCan.