From: Moore, Rob - M.P.
To: Michelle Knoll
Sent: Monday, November 01, 2004 5:59 PM
Subject: RE: Census Release

OTTAWA ON
November 1, 2004

Michelle Knoll

Dear Ms. Knoll,

Thank you for your recent correspondence expressing support for the release of post-1901 census records. I appreciate you taking the time to write me with your concerns and am pleased to be given the opportunity of providing you with our position.

We in the Conservative Party support 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.

Again, thank you for sharing your views with me. Please do not hesitate to contact my office should you require further assistance on this or any other matter.

Sincerely,

Rob Moore, M.P.
Fundy Royal

-------Original Message----------
From: Michelle Knoll [mailto:michelle@jeffknoll.org]
Sent: November 1, 2004 1:57 PM
To: Moore, Rob - M.P.
Subject: Re: Census Release

Please respond in support of release of post 1901 census records so that we can show a united Conservative front. You are one of only 11 conservative members yet to reply.

Thanks
Michelle Knoll

29 August 2004

Mr. Rob Moore
Member of Parliament
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

Dear Mr. Moore

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
Co-chair, Canada Census Committee