Peace activist acquitted after refusing to complete census

(Update) 

The 89-year old peace activist who was on trial for refusing to fill out her census form is staying out of jail. A judge ruled Wednesday that Audrey Tobias did not violate the Statistics Act. Sean Leathong has the story.

The case had become popular because Audrey Tobias said she refused to fill out her census form because the government is using software from us based weapons maker Lockheed Martin.

Wednesday the judge called the governments decision to prosecute an 89-year old woman a train wreck and he rejected the defence argument that this was a charter case. But in the end, Audrey Tobias goes home a free woman.

Walking out of the courthouse, Audrey Tobias had one thought: “Oh goodness gracious.”

The 89 year old refused to fill out her census form back in 2011, and for that she could have faced a fine, or three months in jail something she was ready for: “I would have done whatever was necessary because I wasn’t going to fill it in.”

Tobias objected to the Canadian government using U.S. weapons maker Lockheed Martin’s software to process the census; for that she was prosecuted. And though Ms. Tobias was willful in not filling out her census form back in 2011, it’s the judges decision which provides insight as to why this is not a crime.

In his ruling, Judge Ramez Khawly blasted the federal government for their decision to prosecute Audrey Tobias, he said: “Did no one at justice clue in that on a public relations perspective, this was an unmitigated disaster?”

He pointed out that Tobias is:

-89 years old

-a model citizen

-served with Women’s Reserve in WW2

-and was a long time passionate peace activist

He made reference to the fact that 3,700 people refused to fill out their 2011 census form, and of them only 53 were selected to be prosecuted, including Audrey Tobias. Judge Khawly said, the government: “…could have and should have re-evaluated this case but if they did they sure are tone deaf to the way the world works.”

But he did not agree with the defense. What the case boiled down to was the Crown’s responsibility to prove that Ms. Tobias’ refusal to fill out the census is entirely based on their evidence that she objected to Lockheed Martin’s involvement, and not her long standing history of activism. He said: “The crown had to prove that beyond a reasonable doubt. They have not. Therefore I must acquit.”

This case does not set a precedent for anyone else who refuses to fill out the census, because the judge rejected the defence argument that this was a Charter of Rights and Freedoms issue.

When asked if she would have gone to jail, she said that she wasn’t afraid and it would have been interesting to learn how the other half lives.