From: Pamela.White@statcan.ca
To: vm.burness@sympatico.ca
Sent: Monday, December 06, 2004 1:36 PM
Subject: Access to historical census records

The Honourable David Emerson, Minister Responsible for Statistics Canada, has asked Statistics Canada to respond to your email on the subject of release of historical census records.

I am pleased to inform you that an Act to amend the Statistics Act was introduced in the Senate on November 2, 2004 (Bill S-18). You will find below, for your information, a copy of the News Release where Minister Emerson announced the tabling of the bill in the Senate. The bill is supported by Senator Lorna Milne, a long-time advocate for access to historical census records.

This legislation will permit access to the 1911 to 2001 records 92 years after each census, without any conditions. The bill will also allow Canadians to decide, starting with the 2006 Census, if they will allow their personal census information to be released publicly after 92 years. Individual census records would be released only where consent is given.

Thank you for taking the time to make your views on this matter known.

Pamela White
Director
Data Access and Control Services Division

Government of Canada Introduces Legislation to Enable Access to Historical Census Records

OTTAWA, Nov. 2 - An Act to amend the Statistics Act was introduced in the Senate of Canada today. The proposed bill would enable access to both past and future census records.

This bill has two key provisions.

- Personal census records for censuses taken between 1911 and 2001 inclusive would be released 92 years after each census.

- Starting with the 2006 Census, Canadians will be able to decide if they will allow their personal census information to be released publicly after 92 years. Individual census records would be released only when consent is given.

The proposed legislation will permit access to historical census records and ask Canadians for their consent for the release of their future census records. It meets the legitimate interests of genealogists and historians while continuing to put all appropriate safeguards in place to protect the privacy of individuals.

"Informed consent about the use of one's own personal information is a matter of fundamental privacy protection," said the Honourable David L. Emerson, Minister of Industry and Minister Responsible for Statistics Canada. "Canadians should have the right to decide for themselves if they want their personal census records to be made publicly available in the future. I am proud of the active consent provisions of this bill which satisfy the highest standard of privacy protection."

The proposed legislation includes revisions in response to concerns raised by parliamentarians over the previously proposed bill (Bill S-13), tabled on February 5, 2003. This bill died on the order paper following the prorogation of Parliament on November 12, 2003.

Statistics Canada, in conjunction with Library and Archives Canada, will, as part of the 2006 Census public communications campaign, encourage Canadians to allow future access to their census records to preserve Canada's history for future generations.

From: "Milne, Lorna: SEN"
To: Canada Census Campaign mail list
Sent: Tuesday, November 02, 2004 12:13 PM
Subject: VICTORY

Dear friends:

It is my great pleasure to inform you that after years of negotiation I can finally announce that the government has my unqualified support, and indeed the support of the leaders of the Canada Census Campaign, the Canadian Historical Society and the Association of Canadian Archivists.

I have attached a copy of the text of the bill, as well as copies of the press release that I will be putting out tomorrow. You will see that the additional 20 year rule that would limit our access to census records has been eliminated! There will be no restrictions to the use of census information 92 years after the date of the census.

We were very concerned for a long time that the “opt-in” clause would destroy the census as a historical tool. That too has been softened by Statistics Canada. They have now conceded that such a clause could have detrimental effects on the historical record. As a result, they have agreed to review that section after 2 censuses have been completed. We will have an opportunity to look at how this section will work in practice and then deal with any issues that arise.

You all should know that none of this would have happened without the hard work of Minister David Emerson, the minister now responsible for Statistics Canada. When I first mentioned this issue to him this summer he told me that he thought the census should be released, and he did not see why he couldn’t resolve the issue quickly. He has lived up to his word. Over the last few months he has stayed in close communication with me and it has allowed me to have significant influence on the text of this bill, and has produced a bill that I am proud of.

I hope that all of you will join me in supporting this bill. We have made remarkable gains in this fight. We can now guarantee that all census returns from 1911 to 2001 will be released in a timely manner. Some will be disappointed that people will have the option to withhold their censuses from the historical record, but even that issue will be reviewed in due course.

I wanted also to take the time to thank each and every one of you for all of your work on this file. It has been a long journey. I can now say with confidence that the war has been won, and we have been able to gain real access to Canada’s history.

If anyone has any questions, please feel free to contact either me or my assistant Jeff. We’re more than happy to discuss all of the details with you.

Yours truly,

Hon. Lorna Milne

From: Grace Fulford
To: Emerson.D@parl.gc.ca
Sent: Monday, October 11, 2004 5:45 AM
Subject: census release

Dear Sir;

I have just read, much to my consternation, that you have declined to follow the recommendation of the Information Commissioner, Hon. John M. Reid to release forthwith the previously withheld census schedules - would you kindly direct me to the particular points of the Privacy Act and Privacy Regulations on which you have based your 'opposing' decision?

I am assuming that any Canadian citizen is entitled to a prompt, factual and informative reply to such a request and will look forward to receiving same from your office staff in the very near future.

Respectfully,

Grace Nesbitt Fulford,
Forebears Research & Associates
London Ontario

From: Emerson, David - M.P. [mailto:Emerson.D@parl.gc.ca]
Sent: Tuesday, August 24, 2004 12:38 PM
To: ajturner@shaw.ca
Subject: Re: Release of National Census

Dear Miss Turner,

Thank you for your e-mail on August 23rd and your kind words of congratulations to Mr. Emerson on his success in the recent federal election. He is also honoured that the Prime Minister has entrusted him with the responsibility of being Minister of Industry and he is looking forward to the challenges ahead.

Mr. Emerson appreciates being advised of your views regarding the census and has requested that Statistics Canada respond. Again, thank you for writing.

Sincerely,

Sharon Clayton, Special Assistant - Constituency
to the Hon. David L. Emerson
Member of Parliament for Vancouver Kingsway
tel: 613-995-9001 fax: 613-943-0219

29 August 2004

Mr. David Emerson
Member of Parliament
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

Dear Mr. Emerson

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