CALGARY, Alta. — A married couple from Foothills County, Alberta, is asking the Federal Court to strike down portions of the 2026 long-form census, arguing that Canadians are being forced under threat of a $500 fine to disclose highly personal information that exceeds the lawful scope of the census and violates Charter-protected privacy rights.
The application for judicial review, filed on behalf of Bradley and Linda Osborne by lawyers funded by the Justice Centre for Constitutional Freedoms, challenges a series of questions requiring Canadians to disclose details about their health conditions, daily activities, commuting habits, housing circumstances, sexual orientation and gender identity .
The 2026 long-form census, which was sent to 25 per cent of Canadian households, contains roughly 70 questions — including many of a sensitive and personal nature . New topics this year include questions on sexual orientation, general health status, and recent experiences of homelessness .
The 2026 long-form census, which was sent to 25 per cent of Canadian households, contains more than 60 questions — including many of a sensitive and personal nature. Among the questions listed in the court application are:
- What is your religion?
- What were the ethnic or cultural origins of your ancestors?
- Do you have difficulty learning, remembering or concentrating?
- Do you have emotional, psychological, or mental health conditions?
- Did you spend a night in a car this year?
- Did you live temporarily with friends or family?
- What specific post-secondary education have you completed?
- Who do you work for?
- What do you do at work?
- How do you commute to work?
- What is your monthly rent or mortgage payment?
The application also takes issue with questions it describes as ideological, including:
- What was your sex at birth?
- What is your gender — defined as your “personal and social identity” as a man, woman, non-binary, agender, gender fluid, queer or Two-Spirit?
Under the Statistics Act, Canadians selected for the long-form census are required to 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 .
Constitutional lawyer Hatim Kheir, who is representing the applicants, said the census serves an important constitutional function including ensuring fair democratic representation — but that does not give the state unlimited authority to demand intimate details about citizens’ private lives .
“Privacy is not a minor administrative concern,” Kheir said in a statement. “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 application argues that while the Constitution requires a census to be conducted, some of the questions included in the 2026 questionnaire extend beyond what is necessary to fulfill that constitutional purpose . The applicants are seeking declarations that those 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, which protect liberty and privacy against unreasonable state intrusion .
The applicants are not seeking damages or costs, but rather clarification from the Federal Court on the constitutional limits of mandatory census collection .
The application has been filed and will proceed in accordance with the court’s scheduling process. Supporting affidavit evidence is expected to follow within 30 days of filing .
