Groups launch new court challenge to government's census decision
By: The Canadian Press
Posted: 21/10/2010 3:28 PM
OTTAWA
- A coalition representing a broad range of interests has filed a new
court challenge to the federal government's decision to scrap the
mandatory, long-form census.
The
Canadian Council on Social Development is spearheading the case in
Federal Court to defend what it calls "the equal right of all Canadians
to be counted."
The
Conservative government announced last spring it would do away with the
mandatory, long-form census, claiming it was an unjustifiable
imposition on privacy.
Its
decision to replace it with a voluntary questionnaire has been widely
panned by experts and others who say an optional survey would be
inaccurate and unreliable.
The
90-year-old council says it's "responding to the overwhelming and very
real concerns about the consequences of this catastrophic decision."
Papers were filed with the court on Thursday and no dates have been set for hearings.
The council is joined in its challenge by a dozen social, community and legal organizations.
"Just
over 100 days have passed since the Harper government launched its
assault on Canada's fundamental data source with a sneak attack on the
long-form census," said a group statement.
"The
most reliable, comprehensive source of information — relied on as a
tool to respond to the needs and priorities of every Canadian — wiped
out, against the advice of experts across the country and abroad, on a
political whim."
The
council says Canadians' response to the decision has been unequivocal:
"Why would the government shut down Canada's navigation system?"
Despite
an outcry from more than 370 organizations and "tens of thousands of
Canadians," the government refuses to reconsider its decision.
"While
the decision remains unchanged, this battle is far from over," the
group said, adding that despite "misinformation" from the Conservative
government, the decision can be changed well into 2011. "It's not over
until the surveys hit our mail boxes."
A previous attempt at overturning the decision through the Federal Court failed earlier this month.
A
francophone group lost its legal challenge on Oct. 6, when its
application for a judicial review of the government's decision was
rejected.
The
federation had argued that replacing the mandatory long-form census
with a voluntary survey would yield less reliable information about
francophone minority communities, and thus hamper the government's
ability to fulfil its obligations under the Official Languages Act.
Judge
Richard Boivin said the Official Languages Act does not mandate which
tools the government must use when supporting and serving linguistic
minorities.
Boivin backed the government's argument that it is too early to pass judgment on the usefulness of the voluntary survey.
Industry
Minister Tony Clement has emphasized that measures will be taken to
ensure as many Canadians as possible fill out the survey, to increase
the reliability of the information.
The
government argues that it has struck a balance between the need for
data and concerns expressed by some Canadians that the census process
was too invasive and unnecessarily coercive.
http://www.macleans.ca/article.jsp?content=n4903425--
Tracey P. Lauriault
613-234-2805
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