| Name: | Mr. Irwin Cotler |
| Political Party: | Liberal Party of Canada |
| Constituency: | Mount Royal |
| Province: | Quebec |
| Telephone: | (613) 995-0121 |
| Fax: | (613) 992-6762 |
| Email: | Cotler.I@parl.gc.ca |
| Address: | House of Commons, Ottawa K1A OA6 |
| Constituency Address: | 4770 Kent Avenue Suite 316 Montréal, Quebec H3W 1H2 Tel: 514-283-0171 Fax: 514-283-2407 |
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10/29/2004 - letter from Justice Minister Irwin Cotler to Gordon A. Watts. October 29, 2004 Mr. Gordon A. Watts Dear Mr. Watts: On behalf of the Honourable Irwin Cotler, Minister of Justice and Attorney General of Canada, I would like to thank you for your correspondence of August 29, 2004, regarding public access to census records. As you are no doubt aware, Bill C-13, An Act to amend the Statistics Act, was passed by the Senate on May 27m 2003, but subsequently died on the Order Paper. At the moment, it is unclear whether this legislation will be reintroduced. I note your reference to a proposed amendment to the Statistics Act. As this matter falls under the purview of the Hounourable David Emerson, Minister of Industry, I have taken the liberty of forwarding a copy of your correspondence to Minister Emerson for his consideration. The Minister appreciates your bringing this to his attention, but will leave the matter to be considered by Minister Emerson. Yours sincerely, Ginette Pilon 29 August 2004 Mr. Irwin Cotler Dear Mr. Abbott Congratulations on your recent election as a Member of Parliament. To have the trust and respect of those who voted for you is a great honour. Members who have been re-elected will be aware of an issue affecting a great many Canadians that seek their personal ancestry through research of Historic Census records. Newly elected Members may not yet be aware of this issue. It has been estimated that in excess of 7.5 million Canadians have an interest in genealogy and family history. These individuals seek to regain the same public access, with no added conditions or restrictions, to 92-year-old records of Census after 1906 that is currently available for 240 years of Census records up to that time. Access to Census records after 1906 is prevented at this time because of the (believed illegal) policy of a federal civil servant - Dr. Ivan P. Fellegi - Chief Statistician of Canada. The Library and Archives of Canada Act (and it's predecessor) has designated to the Librarian and Archivist the authority to determine what records of government are of archival or historical value and that shall be deposited in the National Library and Archives. Librarian and Archivist Ian E. Wilson determined that schedules of Census have archival and historical value. He declared them to be a National Treasure. He requested the Chief Statistician to return care and control of the records in question to his authority. Dr. Fellegi denied that request. The Access to Information and Privacy Acts, and Privacy Regulations, make specific provision for personal information collected through Census or Survey to be made available to any person or body for purposes of research, 92 years following collection. The legislation assumes these records to be under the care and control of the National Archivist. By refusing to return care and control of the records in question to the Librarian and Archivist for subsequent public access the Chief Statistician has acted in deliberate contravention of the Library and Archives of Canada Act, the Access to Information Act, and the Privacy Act. He has usurped the authority of the Librarian and Archivist to determine what governmental records are of archival or historical value and that shall be deposited in the Library and Archives of Canada. In dictating policy instead of following policy determined through legislation passed by Parliament he has usurped the authority of that body. Do you believe that any Federal bureaucrat, regardless of how highly placed or regarded, is above the Laws of Canada? Do you believe that a civil servant has the power to dictate policy that contravenes legislation passed by the Parliament of Canada? The Access to Information and Privacy Acts are complementary Acts born of the same Bill debated and passed by Parliament. Do you believe the parliamentarians who passed this legislation would knowingly include clauses in one Act, the effect of which would be to totally nullify clauses in the other? If your answer to any of these questions is 'NO' we ask that you support our efforts to regain the same public access - with no added restrictions or conditions - to Historic Census records after 1906 that is currently available for 240 years of Census records up to that time. We seek nothing new. We seek only that which current legislation states we are entitled to - access that we have had in the past but is currently (believed illegally) withheld from us by the Chief Statistician of Canada. We ask that you call upon the Government of Canada to immediately direct the Chief Statistician of Canada to obey the Laws of Canada. We ask that he be directed to return care and control of schedules of Historic Census to the Librarian and Archivist of Canada for subsequent public access in accordance with the Access to Information and Privacy Acts. We ask further that you ensure continued public access to Historic Census records by seeking a government Bill that would add to the Statistics Act a single clause, similar to the following: "Original schedules of Census or authentic copies thereof shall, not later than thirty (30) years following collection, be transferred to the care and control of the National Archivist for subsequent public access in accordance with provisions of the Access to Information and Privacy Acts, and Regulations attached thereto." In reading my letter you may not feel any obligation to respond to someone living outside your electoral riding. The votes you cast in Parliament, however, affect all people living in Canada and in that respect your constituency is all of Canada. Considering this, even though I do not reside in your riding I would greatly appreciate your personal response to my letter. Your response, stating your support (or otherwise) of the access we seek, will be posted to your Correspondence Log on the Post 1901 Census Project website. It will be available for viewing by your constituents on the MPs Scoreboard at www.globalgenealogy.com/Census Thank you for taking the time to read my letter, and for your consideration of this very important issue. Respectfully Gordon A. Watts 12/03/2002 - email from MP Irwin Cotler to Martha Blanchard. While Mr. Cotler states that he is optimistic the issue will be resolved by the end of the year, he still does not give a definitive statement of his position.
Date: Tue, 03 Dec 2002 16:20:16 -0500 From: "Cotler, Irwin - M.P." To: 'BLANCHARD' Thursday, November 14, 2002 Dear Ms. Blanchard, Thank you very much for your e-mail regarding the release of the 1901 Census information. This has been an issue of much debate and discussion over the last few years. On December 15, 2000, the then Minister of Industry, the Hon. Brian Tobin released a report from the Expert Panel on Access to Historical Census Record. At that time the Minister indicated that the issues at stake were complex and far reaching. This government is, on one hand, committed to protecting the privacy rights of Canadians who were given an assurance of confidentiality at the time they completed the 1901 Census, while, on the other hand, considering the legitimate needs of genealogists and others for access to historical census records. In light of these concerns, extensive public consultation was conducted late last year in the form of numerous town hall meetings organized by the polling company Environics as well as examination by an expert panel. These consultations revealed that there is widespread popular sentiment in favour of releasing the records after 92 years. The most recent efforts have been that of my colleague, Member of Parliament Murray Calder's Bill C-312 (to release records after 92 years subject to a privacy provision) which was denied unanimous consent to make it votable by Minister Rocks Parliamentary Secretary and so died in April. As well, Senator Lorna Milne's identical bill, S-12, was sent back to committee and died with prorogation. However, both of these bills have the possibility of being reinstated once again at the same stage they were in prior to September 16th by each sponsoring Member of Parliament or Senator. At the present time, 161 Members of Parliament, including a majority of Liberals are on record as supporting the public release of the records. The biggest obstacle to the release of the records appears to be Statistics Canada itself. Currently, there is a lawsuit underway to force the transfer of control over the records from Statistics Canada to the National Archives of Canada. As well, a Department of Justice legal opinion is in favour of the release. On October 3, the Honourable Don Boudria, Government House Leader gave a speech outlining the government's legislative agenda for the fall session. One of the items on the agenda was indeed the release of the 92-year old census records for historical research purposes. While further details are sparse at this time, we are optimistic that the issue will be resolved by the end of the year. Thank you very much for your letter. I hope that I have been able to allay your concerns. Please do not hesitate to contact me again with further questions or concerns. Sincerely, Irwin Cotler, M.P. Mount Royal 10/07/2002 - email to MP Irwin Cotler from Gordon A. Watts.
To: MP Cotler, Irwin Sent: Monday, October 07, 2002 11:44 AM Subject: Post 1901 Census legislation Dear Mr. Cotler At long last there has been a public acknowledgement by the Government of Canada that they have an interest in the concerns of Canadians, and others, that seek continuing access to Post-1901 Census records. That acknowledgement took the form of inclusion of a statement in an address of the Hon. Don Boudria, Minister of State and Leader of the Government in the House of Commons. The address was made to the Newsmakers Breakfast at the National Press Club, 3 October 2002. It was titled "The Government's Fall Legislative Program". On page four of Mr. Boudria's notes for that address, he states: "Other legislation will also be introduced respecting: The release of 92-year old census records for historical research purposes - which responds to recommendations and work done by parliamentarians in the House and Senate such as MP Calder and Senator Milne;" This acknowledgement of our concerns, on behalf of the government, is welcome news. It does not yet mean, however, that continued public access of Historic Census records has been approved and those records are now available to access for purposes of research. The proposed legislation has not yet been brought down, and it remains to be seen if, when it is brought down, it meets the needs and expectations of those seeking access. Senator Lorna Milne continues to work with the Hon. Allan Rock, Minister of Industry, to ensure that the end result does meet those needs and expectations. I remind you that what we seek is exactly the same unrestricted access to records after 1901 that is currently available for those records up to and including 1901. I currently show you on the MPs Scoreboard of the Post 1901 Census Project website (at the URL following my signature) as "sitting on the fence". You have been given this position by virtue of the fact that you have yet to give a definitive response stating your support, or otherwise, for public access to Historic Census records, 92 years after collection. (Or, at least, that I have seen no such response.) In view of the fact that the Government has now stated it's intention to introduce legislation that will hopefully address our concerns, will you now give a definitive response stating your supportive position for such legislation? I am not one of your constituents, but in writing to you I believe that I speak on behalf of a great many others who are your constituents. As such, I hope that you will afford me the courtesy of a response to this message. In responding to my message with a supportive answer to my question, so that it might be posted to your correspondence log, you would likely save yourself a great many similar requests by others. Thank you for taking the time to read my message, and for responding thereto. Have a great day! Sincerely Gordon A. Watts gordon_watts@telus.net Co-Chair, Canada Census Committee 1455 Delia Drive Port Coquitlam, BC V3C 2V9 09/17/2001 - letter to MP Irwin Cotler from Jean-Guy Simard.
Monsieur le député fédéral libéral de Mount Royal Irwin Cotler Cher monsieur le député fédéral Cotler : Comme vous êtes probablement au courant le projet de loi C-312 du DF Murray Calder qui sera présenté dans un avenir plus ou moins rapproché à la Chambre des Communes prochainement porte sur la possibilité d'accès aux fichiers historiques de recensement, 92 ans après leur récolte, ce pour les fichiers de 1901 jusqu'à nos jours. Cet accès est présentement impossible grâce à une interprétation d'une loi votée par le gouvernement de Sir Wilfrid Laurier en 1906 par laquelle il est défendu de rendre public les fichiers historiques de recensement à partir de 1901 jusqu'à nos jours. Un comité canadien de bénévoles généalogistes et historiens, soit le Comité de recensement canadien ultérieur à 1901, a été constitué pour promouvoir la passation du projet de loi C-312 du député Murray Calder à la Chambre des Communes et S-12 de la sénateur Lorna Milne au Sénat et projets de lois semblables afin de ne pas priver les Canadiens de tout cet héritage historique du 20iême siècle. Ce comité a un site Internet intitulé Projet de recensement ultérieur à 1901 que l'on peut rejoindre au signet http://globalgenealogy.com/Census/Index_f.htm . Le site fournit toute l'information pertinente sur le sujet, soit les débats à la Chambre des Communes et au Sénat, des copies d'articles de journaux, des exemples de pétitions à signer et à envoyer aux deux chambres et un tableau d'affiche qui classe les députés fédéraux en faveur, contre ou indifférent à la question. Votre réponse ou non-réponse à ce message Internet sera affichée sur ce tableau et il sera aussi inclus dans le site Internet une copie de ce message comme vous ayant été envoyé et le texte de la réponse que vous avez bien voulu nous envoyer. Comprenez que la question touche aussi bien les gens du Québec que ceux qu'ailleurs au Canada vu la somme importante d'information récoltée lors de ces recensements qui pourrait nous aider à comprendre la vie de nos ancêtres. D'ailleurs le site Internet que nous entretenons reçoit de plus en plus de pétitions provenant du Québec en faveur d'un tel projet de loi. La question que nous aimerions que vous répondiez est la suivante : Voteriez-vous en faveur ou non d'un projet de loi canadien visant à rendre accessible les fichiers historiques de recensement à partir de 1901 jusqu'à nos jours, 92 ans après leur récolte ? Vous pouvez m'envoyer votre réponse via Internet à jgsimard@nbnet.nb.ca ou encore par écrit à l'adresse ci-haut. Jean-Guy Simard Représentant du Québec Comité de recensement ultérieur à 1901 02/19/2001 - email from MP Irwin Cotler to Muriel M. Davidson.
To: Muriel M. Davidson Sent: Monday, February 19, 2001 8:45 PM Subject: RE: Welcome Back to Ottawa:- OTTAWA K1A 0A6 Monday, February 19, 2001 Dear Ms. Davidson, Thank you very much for your letter regarding the release of the 1901 Census information. This has been an issue of much debate and discussion over the last few years. On December 15, 2000, the new Minister of Industry, the Hon. Brian Tobin released a report from the Expert Panel on Access to Historical Census Record. At that time the Minister indicated that the issues at stake were complex and far reaching. This government is, on one hand, committed to protecting the privacy rights of Canadians who were given an assurance of confidentiality at the time they completed the 1911 Census, while, on the other hand, considering the legitimate needs of genealogists and others for access to historical census records. In light of these concerns, Minister Tobin announced that further consultations with Canadians was needed and that these consultations will take place as part of the previously announced administrative and legislative review of the Access to Information and the Privacy Acts. The primary reason for this undertaking is to ensure that, if access to historical records is provided, that it is done in a manner that respects the government's deep commitment to privacy. Thank you very much for your letter. I hope that I have been able to allay your concerns. Please do not hesitate to contact me again with further questions or concerns. Sincerely, Irwin Cotler, M.P. Mount Royal 01/29/2001 - email from Muriel M. Davidson to MP Irwin Cotler.
Sent: January 29, 2001 11:49 AM To: Cotler.I@parl.gc.ca Subject: Welcome Back to Ottawa:- To Mr. Irwin Cotler, MP:- My letter to you is a request for your assistance in rightfully gaining access to our heritage, yours and mine -- our Canadian census records. At present, due to present laws, the last available census one may view is the 1901 census -- family researchers hope to search further than that. I do not believe family history should have had to be brought into politics, but to gain release, this has had to be. Senator Lorna Milne and Murray Calder, MP will be re-presenting Private Member's Bills and if passed, each census would go automatically to the National Archives for our perusal - at a time period set by Parliament. QUESTION:- Will you, as an elected Member of Parliament, SUPPORT these Bills when these are presented by the above-mentioned? This would mean 1911 records released in 2003, 1921 in 2013 -- unless a time period of release is changed by law. Check http://globalgenealogy.com/census/index6.htm - for scoreboard. More census information at http://globalgenealogy.com/census/index-f.htm Looking forward to a positive YES reply with YOUR signature, either in e-mail or letter form. Attached is a memo which denotes the feelings of many Canadians who wish to search for family members. French letters to Jean-Guy Simard Muriel M. Davidson Canada Census Committee Member 04/30/99- e-mail from The Global Gazette to MP
A web site has been posted at http://globalgenealogy.com/census to record MP's responses, so that those who are interested, will know the position that their elected representative has (or has not expressed) on the issue. Also included on the web site, is a correspondence log for each Member of Parliament, which will contain responses to this e-mail plus any other correspondence from the MP. The Question: "Would you, as an elected Member of the House of Commons of the Parliament of Canada, vote FOR or AGAINST a Bill supporting release to the Public, of Post 1901 Census Records, 92 years after they were recorded. ( 1911 census information available in 2003, 1921 in 2013 etc)" If you would like to expand on your position, your entire response will be posted to your individual correspondence log. The Post 1901 Census web site is sponsored by Global Genealogy & History Bookstore. A vast number of e-mails and calls from subscribers and web site visitors, clearly demonstrates that this issue is extremely important to them. Many readers have expressed that their current MP's position on this issue will weigh heavily in their decision process during the next election. |
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