Thursday, October 10, 2013

Canada's Other Census Resistance Case Dismissed

Census Lockheed Martin: My Case is Dismissed without Costs

by Sandra Finley - The Battles

To avoid confusion: I was charged in relation to the “long form census” which NO LONGER EXISTS.

It has been replaced by the National Household SURVEY. Under the Statistics Act, surveys are not mandatory. Citizens do not have to supply personal information, see Are StatsCan “surveys” mandatory?


Hello everyone, the Tobias judgment is below. Regarding my own case, here it is; Peter writes:

I think your case was very worthwhile in spite of losing; it helped to make Canadians aware of Lockheed Martin’s involvement in the census, and to question it.

The situation legally is now this:

THE SASKATCHEWAN COURT-OF-APPEAL DECISION STANDS – - IN SASKATCHEWAN.

In Saskatchewan the Courts have ruled that we do NOT have a Charter Right to Privacy of personal information.

THE ONLY AVENUE LEFT, TO UPHOLD THE CHARTER RIGHT WOULD BE

By the issue coming up through the Justice system in one of the other provinces. (The Courts of Appeal in the provinces CAN and sometimes DO, take different views. There may then be an appeal to the Supreme Court.)

THE SUPREME COURT OF CANADA CHOSE NOT TO HEAR THE QUESTION OF PRIVACY OF PERSONAL INFORMATION

Unfortunate. It is a very important question for Canadians, especially in the wake of the leaks by Edward Snowden, and in the context of the American military/surveillance intrusion into Canada. Can’t know whether the question will come to the SCC again in the future, through someone else in a different province.

So, we keep on, keepin’ on!

PEACE GROUPS

A few days ago I posted on many facebook groups:

If we want peace, we have to be knowledgeable, and use every opportunity to halt the WAR CORPORATIONS.

How do we combat the financial incentives to war? A large percentage of the American economy is dependent upon their War machinery. Canada is expanding its dependence. The War Corporations make money, always. They are considered to be a wise investment. To add insult to injury, tax payers provide huge funding to them. (F-35 contracts!)

And so it happens that I refused to participate in the Census – – Lockheed Martin Corporation has lucrative Government contracts related to Census and “Survey” data collection on citizens. They are the American war and surveillance industry. I ended up in Court. …

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TOBIAS

The Court decision in the Audrey Tobias case (Lockheed Martin / Census Click on the link to see a copy of the decision.

Apologies – yesterday I commented when only the news of the acquittal was out.

Had I waited, I would have seen that the reason for acquittal was not related to the Charter Right.

I don’t like to spread wrong information, sorry for that.

Thanks to Rod for explaining it:

Great for her (Audrey Tobias) but not for the charter issue!!!! They basically shuffled the cards and played a joker trump card and totally avoided the charter rights… which will not help your cause… my opinion. Highlighted in red…..your intent is obvious.

(“The judge rejected the charter arguments, but said that Tobias’s memory and some conflicting testimony left him with reasonable doubt as to her intent at the time of the refusal.

Audrey Tobias and her lawyer, Peter Rosenthal, were surprised by the judge’s decision. (Trevor Dunn/CBC)

Judge Ramez Khawly noted that for a conviction both the act and intent of a crime must be proved beyond a reasonable doubt, so he had to acquit Tobias.

“It was an unusual judgment in my view,” Rosenthal said outside court. “He described our charter arguments as Hail Mary passes and he didn’t catch it …They were novel arguments but he found a more novel argument it seems in analyzing the [intent].”)”

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My many thanks to you all.

I am satisfied. The ball landed in my court in March 2008 – - the Summons to Court. With the help of many people, the sharing of information, we accomplished great things.

EXCERPT from:

President Dwight D. Eisenhower’s 1961 farewell speech Plus Words of Wisdom from Eisenhower.

I hate war as only a soldier who has lived it can, only as one who has seen its brutality, its futility, its stupidity.

I like to believe that people in the long run are going to do more to promote peace than our governments. Indeed, I think that people want peace so much that one of these days governments had better get out of the way and let them have it.

(note – - it’s worthwhile reading the rest of what Eisenhower said. It’s pretty amazing.)

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