CALGARY, AB: The Justice Centre for Constitutional Freedoms announces that lawyers funded by the Justice Centre have filed an application for judicial review in Federal Court challenging certain portions of the 2026 long-form census questionnaire, arguing that Canadians are being compelled under threat of penalty to disclose highly personal information that exceeds the lawful scope of the census and violates Charter-protected privacy rights.

The application was filed on behalf of Bradley and Linda Osborne, a married couple from Foothills County, Alberta, whose household was selected to complete the mandatory long-form census. The application challenges a series of questions requiring disclosure of highly personal information, including health conditions, daily activities, commuting habits, housing circumstances, sexual orientation, and gender identity.

Under the Statistics Act, Canadians selected for the long-form census must complete the questionnaire and provide accurate information. Refusing to do so, or knowingly providing false information, may result in a fine of up to $500 upon summary conviction.

The application argues that while the Constitution requires a census to be conducted for purposes including democratic representation, some questions included in the 2026 long-form census extend beyond what is necessary to fulfill that constitutional purpose.

The court application seeks declarations that portions of the questionnaire were prescribed beyond the authority granted under the Statistics Act and, alternatively, that requiring Canadians to answer certain questions infringes sections 7 and 8 of the Charter, protecting liberty and privacy against unreasonable state intrusion.

Constitutional lawyer Hatim Kheir said, “Canada’s census serves an important constitutional function, including ensuring fair democratic representation. But a constitutional requirement to count people does not automatically authorize the state to compel disclosure of intimate details about health, personal identity, daily routines, and private life.”

Mr. Kheir continued, “Privacy is not a minor administrative concern. The Charter recognizes that personal information goes to individual dignity and liberty. When government compels disclosure of sensitive information under threat of penalty, courts must ask whether that intrusion is actually necessary and proportionate.”

The applicants are not seeking damages or costs. Instead, they seek clarification from the Federal Court on the constitutional limits of mandatory census collection and the protection of personal privacy in an age of growing digital data retention.

The application has been filed in Federal Court and will proceed in accordance with the Court’s scheduling process. Supporting affidavit evidence is expected to follow within 30 days of filing.

The Justice Centre is Canada’s leading civil liberties organization defending Charter rights and freedoms in the courts of law and in the court of public opinion. Founded in 2010, the Justice Centre funds lawyers across Canada, relies entirely on voluntary donations to carry out its mission, and issues official tax receipts to donors.