| Name: | Mr. Stockwell Day |
| Political Party: | Conservative |
| Constituency: | Okanagan--Coquihalla |
| Province: | British Columbia |
| Telephone: | (613) 996-6740 |
| Fax: | (613) 947-0310 |
| Email: | Day.S@parl.gc.ca |
| Address: | House of Commons, Ottawa K1A OA6 |
| Constituency Address: | 203 - 301 Main Street Penticton, British Columbia V2A 5B7 |
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10/31/2004 - letter to MP Stockwell Day from Jonathon B. Sevy Sunday, October 31, 2004 The Honourable Mr. Stockwell Day RE: Abuse of Power by Statistics Canada Chief Statistician Dear Mr. Day: This letter is pursuant to subsection 37(1) of the Access to information Act (the Act), and the refusal of Statistics Canada (SC) to release access to the schedules of the 1911 National Census to the National Archivist. The 1911 National Census is being held back from the public by Statistics Canada. Tens of millions of Canadians and their relatives around the world are searching for their roots and family ties. This labour of love and bonding is surely part of the true meaning of religion: re-connect-ion. Genealogy has been recently reported to be the second most popular hobby in North America, and the third most frequent use of the internet worldwide. More to the point from your perspective, perhaps, is the fact that the Honourable John M. Reid, Information Commissioner found that access to the withheld records is authorized pursuant to paragraph 19(2)(c) of the Access to Information Act by reference to subsection 8(3) of the Privacy Act and section 6 of the Privacy Regulations. On June 22 and July 22, 2004, he recommended that SC release the requested schedules. However, on August 24, 2004, The Honourable David Emerson, the Minister of Industry, informed Mr. Reid that he does not intend to follow that recommendation. The SC position is that in some unrevealed, undocumented way, "the 1911 Census records have remained in the care and control of Statistics Canada, and its predecessors, since 1911" and that SC should, for reasons which are very obscure, retain control of those historic documents in secrecy. This has the appearance of bureaucratic empire building rather than law abiding public service. One observer more informed than myself has stated that "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 contravention of the Library and Archives of Canada Act, the Access to Information Act, and the Privacy Act." I ask that you support SC immediately returning access to historic 1911 Census records to the the Librarian and Archivist of Canada for subsequent public access, as the law would seem to require. We are now well past the 92 years stipulated legislation.I ask further that you take pro-active steps to ensure 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." Why should the Canadian people have to fight with their own government employees for such simple things? It is debilitating to the national spirit, detrimental to the public good and destructive to our respect for law when law-abiding citizens are faced with intransigent bureaucrats wielding unrighteous authority. It may be appropriate for the Chief Statistician to be censured. Thank you for your efforts in our behalf. Sincerely, Jonathon B. Sevy 09/22/2004 - letter from MP Stockwell Day to Gordon A. Watts September 22, 2004 Mr. Gordon Watts Dear Mr. Watts. Thank you for your letter of August 29, 2004. I am truly honoured to have once again received a stron mandate from the constituents of Okanagan-Coquihalla. Be assured that I will continue to work to strengthen our consituency and our country. I share your concerns with respect to the Access to Information and Privacy Acts. As Member of Parliament for Okanagan-Coquihalla, I would like to see your initiative move ahead. Thank you again for contacting me. Sincerely, Stockwell Day, MP Okanagan-Coquihalla 08/29/2004 - letter sent to MP Stockwell Day from Gordon A. Watts 29 August 2004 Mr. Stockwell Day Dear Mr. Day 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 07/13/2001 - email from MP Stockwell Day to Jim Peitzsche.
Sent: Tuesday, July 13, 2001 To: Jim Peitzsche [mailto:jpeitz@look.ca] Subject: RE: Dear Mr. Peitzsche: Thank you for your recent e-mail messages. I am pleased to have this opportunity to respond to your concerns about the release of census material. The Minister of Industry, Mr. Brian Tobin, has ordered yet more investigation into the issue of releasing census data to the public, including the census of 1911. This, in spite of the fact, that his government's own expert panel has urged the Liberals to release such information after the usual lapse of 92 years. The Canadian Alliance supports the preservation of census records and the subsequent transfer of these records to the National Archives for public release. We believe that keeping the records confidential for the historical 92-year period is an adequate length of time, and that this is generally consistent with the practice in Britain and the United States where records are kept confidential for 100 and 72 years respectively. Thank you once again for taking the time to write. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition From: Gordon A. Watts [mailto:gordon_watts@telus.net] Sent: Tuesday, May 29, 2001 4:07 PM To: -Office of the Leader of the Opposition Subject: RE: Mr. Day. I am writing in response to your message to me, dated 8 May 2001, copied below. I must state that I am somewhat disappointed in your response in this message as you appear to be backing off on your statement to me personally, on a Nation-wide media broadcast, that you would support public access to Historic Census records after a period of 92 years. You also indicated your position of support in a previous email to me. You now state that you must "first review any new legislation" before giving your support to it. May I refer you once again to Murray Calder's Bill C-312, which has received first reading in the House of Commons, and to Senator Lorna Milne's Bill S-13 which has received second reading in the Senate and has been referred to Committee. These identical Bills are reintroductions of their Bills which died on the Order Paper with the dissolution of the previous administration. I would suggest you refresh your memory, or that of your staff, regarding the disposition of Jason Kenney's motion M-160. This motion did not die with the dissolution of the 36th Parliament, as stated in your message. It was, in fact, dealt with by the House, while you were in attendence, prior to the election being called. Liberal MP Mac Harb proposed a watering down amendment to the Motion, which you voted against. The amendment unfortunately passed, and you voted in favour of the amended motion. I would appreciated your reaffirmation of support for public access to Historic Census Records, 92 years after collection, as allowed by Regulations attached to the Privacy Act. Thank you. Gordon A. Watts gordon_watts@telus.net Co-Chair, Canada Census Committee Port Coquitlam, BC 05/08/2001 - email from MP Stockwell Day to Gordon A. Watts From: -Office of the Leader of the Opposition [mailto:OLO@parl.gc.ca] Sent: Tuesday, May 08, 2001 6:52 AM To: 'gordon_watts@telus.net' Subject: May 8th, 2001 Gordon A. Watts Co-chair, Canada Census Committee Port Coquitlam, BC Dear Mr. Watts: I have received your e-mail message of March 13th. I am pleased to discuss again with you the issue of releasing post-1901 census material. Let me assure you that I would have voted in favour of motion M-160, as introduced by Canadian Alliance MP Jason Kenney, that dealt with the releasing of the 1911 census in the last session of Parliament. This motion sought to have the government release the results of the 1911 census, and by implication every census thereafter. However, due to the calling of the November 27th election this motion died with the dissolution of the 36th Parliament. I had urged all MPs at that time to vote for it. I am aware that thousands of Canadians, like you, have a continued interest in this matter. Genealogists, archivists, librarians, researchers, historians and interested Canadians have asked for the government to release the 1911 archives for the census of that year. While I must first review any new legislation that comes before the House before I am able to give my support to it, please be assured that I will certainly take into consideration the concerns of those most affected by this matter. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition 05/01/2001 - email from MP Stockwell Day to Audrea and Sam Frizell. May 1st, 2001 Audrea and Sam Frizell Dear Mrs. and Mr. Frizell: I have received your e-mail message of March 29th. I appreciate your concern about the issue of releasing the 1901 census. The Minister of Industry, Mr. Brian Tobin, has ordered yet more investigation into the issue of releasing census data to the public, including the census of 1911. This, in spite of the fact, that his government's own expert panel has urged the Liberals to release such information after the usual lapse of 92 years. Canadian Alliance MP Jason Kenney had introduced motion M-160 that dealt with the releasing of the 1911 census in the last session of Parliament. This motion sought to have the government release the results of the 1911 census, and by implication every census thereafter. However, due to the calling of the November 27th election this motion died with the dissolution of the 36th Parliament. I am aware that thousands of Canadians have a continued interest in this matter. Genealogists, archivists, librarians, researchers, historians and interested Canadians have asked for the government to release the 1911 archives for the census of that year. While I assure you that I would have voted in favour of motion M-160, and had urged all MPs at that time to vote for it, I must review any new legislation that comes before the House before I am able to give my support to it. I will certainly take into consideration the concerns of those most affected by this matter. Thank you for taking the time to write and for sharing the poem on the census taker. I enjoyed reading it. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition 03/13/2001 - email from Gordon A. Watts to MP Stockwell Day in response to his message to Muriel Davidson. Mr. Day. It is my sincere hope that you are not backing down on your assurance to me, on a National talk show, that you would support legislation that would regain public access to Historic Census Records, 92 years after collection, as per Regulation 6(d) attached to the Privacy Act. Please look at Senator Lorna Milne's Bill S-12, presented to the Senate 7 February 2001. It is expected that MP Murray Calder will shortly present an identical Bill to the House of Commons, it being a resubmission of Bill C-484 which died when the election was called. We look for, and ask, your support for these Bills when brought to the House. This is an issue that the people have clearly demonstrated they want want settled. They seek the access to Historic Census that is currently denied them because of a policy decision of Statistics Canada based upon faulty legal opinions from Justice Canada. We were disappointed when Industry Minister Brian Tobin rejected out of hand the Report of the Expert Panel on Access to Historic Census Records. We question whether or not Mr. Tobin has even personally read the Report and suspect he is taking his direction from Cheif Statistician Dr. Ivan Fellegi, who strongly opposes public access of Historic Census. If you have not yet read the Report of Expert Panel, I strongly urge you to do so. Thank you. Gordon A. WATTS gordon_watts@telus.net Co-chair, Canada Census Committee Port Coquitlam, BC ----- Original Message ----- From: "-Office of the Leader of the Opposition" To: Muriel M. Davidson Sent: Tuesday, March 13, 2001 10:30 AM March 13th, 2001 Muriel M. Davidson Dear Ms. Davidson: I have received your e-mail message of February 6th. Thank you for sharing your concerns about census release and for providing the suggested reading material. Canadian Alliance MP Jason Kenney had introduced motion M-160 that dealt with the releasing of the 1911 census in the last session of Parliament. This motion sought to have the government release the results of the 1911 census, and by implication every census thereafter. However, as you mention, due to the calling of the November 27th election this motion died with the dissolution of the 36th Parliament. I am aware that thousands of Canadians have a continued interest in this matter. Genealogists, archivists, librarians, researchers, historians and interested Canadians have asked for the government to release the 1911 archives for the census of that year. While I assure you that I would have voted in favour of motion M-160, and had urged all MPs at that time to vote for it, I must review any new legislation that comes before the House before I can give my support to it. I will certainly take into consideration the concerns of those most affected by this matter. Thank you once again for taking the time to share your views on this issue. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition 04/13/2001 - email from MP Stockwell Day to Melville R. Andress. From: -Office of the Leader of the Opposition [mailto:OLO@parl.gc.ca] Sent: 03/13/ 2001 10:32 AM To: Melville Andress Subject: March 13th, 2001 Melville R. Andress Dear Mr. Andress: I have received your e-mail message of February 6th. Thank you for taking the time to share the article about census release. As the article notes, the Minister of Industry, Mr. Brian Tobin, has ordered yet more investigation into the issue of releasing census data to the public, including the census of 1911. This, in spite of the fact, that his government's own expert panel has urged the Liberals to release such information after the usual lapse of 92 years. Canadian Alliance MP Jason Kenney had introduced motion M-160 that dealt with the releasing of the 1911 census in the last session of Parliament. This motion sought to have the government release the results of the 1911 census, and by implication every census thereafter. However, due to the calling of the November 27th election this motion died with the dissolution of the 36th Parliament. I am aware that thousands of Canadians have a continued interest in this matter. Genealogists, Archivists, librarians, researchers, historians and interested Canadians have asked for the government to release the 1911 archives for the census of that year. While I assure you that I would have voted in favour of motion M-160, and had urged all MPs at that time to vote for it, I must review any new legislation that comes before the House before I am able to give my support to it. I will certainly take into consideration the concerns of those most affected by this matter. Thank you once again for taking the time to write about this issue. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition 10/05/2000 - email from MP Stockwell Day to Roz Griston. An identical letter was sent to Muriel M. Davidson
Sent: Thursday, October 05, 2000 9:19 AM To: Roz Griston Subject: no subject Roz Griston Thank you for your e-mail message. I certainly appreciate your comments about the importance of accessing post-1901 census records from the National Archives. Canadian Alliance MP Jason Kenney's motion M-160 deals with the most immediate priority - the 1911 census. It seeks to have the government release the results of the 1911 census, and by implication every census thereafter. I am aware that thousands of Canadians have an interest in this matter, and have expressed a very acute interest in the passage of the motion. Genealogists, archivists, librarians, researchers, historians and interested Canadians have asked for the government to release the 1911 archives for the census of that year. The motion was originally deferred in the House as a result of the proposed amendment put forth by Mac Harb. Unfortunately, we were unable to defeat the amendment, however, all available Canadian Alliance MPs voted in favour of the motion. Thank you for your interest and for taking the time to write. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition
Date: October 4, 2000 To: Gordon A. Watts Subject: no subject Dear Mr. Watts: Please accept my belated, but very sincere, thanks for your e-mail message. Your kind words were very encouraging to me, as I continue to work hard to bring about positive change and hope for Canadians. I certainly appreciate your comments about the importance of accessing post-1901 census reports from National Archives. Canadian Alliance MP Jason Kenney's motion M-160 deals with the most immediate priority- the 1911 census. It seeks to have the government release the results of the 1911 census, and by implication every census thereafter. I am aware that thousands of Canadians have an interest in this matter, and have expressed a very acute interest in the passage of the motion. Genealogists, archivists, librarians, researchers, historians and interested Canadians have asked for the government to release the 1911 archives for the census of that year. Many Canadian Alliance MPs have expressed their support for the motion, and I assure you that I will be voting in favour of the motion. The motion has been deferred until September 26 as a result of the proposed amendment put forth by Mac Harb. We are urging all MPs to reject the amendment and vote for the motion. Thank you for your interest and for taking the time to write. Respectfully yours, Stockwell Day, M.P. Leader of the Opposition
This morning, on the inaugural Internet broadcast of EssentialTalk, a new Internet talk program in Canada accessible at http://www.essentialtalk.com I had the pleasure of being the first caller. The first guest of the program was Stockwell Day. I asked him what his position on allowing access to Historic Census was, and if he was willing to ask John Manley in Question Period why he refuses to release the Report of the Expert Panel on Access to Historic Census to the public. In typical political style he did not answer the first question directly (i.e with a "support" or "do not support" answer) but indicated it was a very good question, and that "we have a Bill to do just that", or words to that effect. He did not answer the second question. He was a guest on the program for only 30 minutes. Mr. Day's response was positive enough that I will be giving him a gold tick on the Scoreboard. I will be sending him an email asking what Bill he was referring to as I am not aware of anything the Canadian Alliance has on the go since Jason Kenney's Motion M-160 was passed (in a watered down amended form). I will also ask again if he is willing to ask John Manley in Question Period why he refuses to release the Report of the Expert Panel to the public. Maybe I will be fortunate enough to get a response that is not generated by a machine. Gordon
Date: Saturday, 30 September, 2000 To: day@canadianalliance.ca Subject: Release of the post-1901 Census Dear Mr. Day, As one of the 7.5 million citizens of Canada that are actively seeking their relatives within this country and without, I would be most interested in hearing you opinion and thoughts toward the release of the post-1901 censii after a reasonable period of time? With an election looming within months, I am VERY interested to know where the party leaders stand on this issue. Sincerely, Thomas G. Lynch, Truro, NS,
Date: Tuesday, 26 September, 2000 8:27 PM To: Muriel M. Davidson Subject: Response from day@canadianalliance.ca Your message has been received, thank you. Nous avons reçu votre message, merci.
Date: Monday, 25 September, 2000 To: Stockwell Day Subject: Release of Post 1901 Census Statistics Dear Mr. Day M.P.: This is a personalized letter to you from a Canadian whose vote still counts. I would appreciate hearing from you in regards to your position to be taken in respect to a "yes" or "no" vote on the release to the public, 92 years after having been given, the Canadian Census Statistics. I speak as an amateur genealogist whose purpose is to have access to Family Member records of who were catalogued in past Censuses. Please Mr. Day, do not offer me (in reply) the stock answer of confidentiality. Our group has already asked Mr. Bruce Phillips, Privacy Commissioner to show 'chapter and verse' where Parliament by Statute required enforcement of such 'confidentiality' but todate, Mr. Phillips has been unable to comply. Mr. Gordon Watts compiled "The Myths of Census" a research document of 36 pages which was placed in the hand of each and every Elected Parliamentarian; the reading of which should remove any and all clouds of questioning regards Census Confidentiality. I shall await your considered reply, Sincerely, Melville R. Andress Abbotsford,B.C. V2S 2L5 |
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