OTTAWA – The Canadian Bar Association (CBA) says the federal government's decision to abolish the mandatory long-form census questionnaire will have a negative impact on Canadians who suffer serious personal injuries, especially women, children, and young and middle-aged adults without a regular work history.
“Lawyers and judges rely on data from the long-form census in personal injury cases to help evaluate the future needs of those who are not closely connected to the paid labour force. In many cases, these include women, children and disabled people,” says CBA President D. Kevin Carroll, Q.C. of Barrie, Ontario.
In a letter to Industry Minister Tony Clement, the CBA explains that because census data is gathered by a neutral body, it is considered highly credible in court. “Judges are more willing to accept census data over information gathered through industry or professional associations. Precisely because the long-form census survey is mandatory, courts needn’t worry about perceived or real response bias in the information,” says Mr. Carroll.
The CBA notes that reliable statistical information is also essential for governments to make good public policy decisions about access to justice, the rule of law, and conditions affecting the justice system, the legal profession, and Canadian residents generally.
“The long-form census provides not just good information for academics, but also tools that support and facilitate the operation of Canadian democracy,” says the CBA letter. “Without reliable census data, it will be hard for governments, advocacy groups, service providers and health districts to respond effectively to people’s needs or to introduce appropriate changes.”
While some argue that there is potential for privacy breaches, the CBA says confidentiality of responses is mandated by the Statistics Act, and there have been very few complaints in the past decade. “Any privacy concerns can be readily addressed by revising the process rather than abolishing the long form entirely.”
The letter is available on the CBA website.
The Canadian Bar Association is dedicated to support for the rule of law, and improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
