11/21/2013 06:51 EST | Updated 01/25/2014 04:01 EST

Retired Social Worker In Court Friday Over Census Protest

Stephanie Matteis/Twitter
A retired Toronto social worker will be in court Friday over her refusal to fill out the short-form census two years ago.

Janet Churnin, 79, could face a fine, as well as jail time, for contravening the Statistics Act by not filling out the census.

However, Churnin’s choice was a deliberate one, made in protest of the cancellation of the long-form census, which she says was a valuable tool in helping marginalized Canadians, and because the form is processed by U.S. military contractor Lockheed Martin.

Churnin isn’t backing down.

"I wasn't going to fill it out because of the money going to Lockheed Martin and I wasn't going to fill it out because it was useless," Churin told CBC News in an interview in her downtown Toronto apartment Thursday.

Seated next to her on the sofa, her lawyer, Peter Rosenthal, explained their defence, which he has built around her charter rights to protection against unreasonable search and seizure — rights he will argue are threatened by StatsCan’s “negligent” reliance on the U.S. company’s software.

"By allowing Lockheed Martin to have access to that data, it could end up being used for U.S. government purposes, which becomes a violation,' he said.

Rosenthal also represented 89-year-old activist Audrey Tobias, who similarly landed in court last month after she too refused to send in her short-form census.

In her case, the judge told a packed courtroom she was "a martyr in the making," and that she wasn't guilty because there wasn't proof beyond a reasonable doubt that she intentionally broke the law the moment she decided not to send in the form. In that case, Rosenthal also based his defence on a charter violation, arguing that forcing her to complete the census went against her freedoms of conscience and free expression — an argument the judge, who will also hear Churnin’s case, rejected.

Instead, Judge Ramez Khawly’s decision to acquit Tobias stemmed from some conflicting testimony and the condition of her memory, which left him with enough reasonable doubt to let her off.

"It was a very unusual ruling not likely to be repeated," Rosenthal said.

Despite her lawyer’s apprehension, Churnin remains upbeat and says she is prepared to accept the sentence if she is convicted.

“If they put me in jail for not signing a form and they don't put [Mayor] Ford in jail for smoking cocaine, well we've got a funny justice system,” she said.

Churnin's case will be heard in court at Toronto's Old City Hall.

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