| Name: | Mr. Keith Martin |
| Political Party: | Liberal |
| Constituency: | Esquimalt--Juan de Fuca |
| Province: | British Columbia |
| Telephone: | (613) 996-2625 |
| Fax: | (613) 996-9779 |
| Martin.K@parl.gc.ca |
| Address: | House of Commons, Ottawa K1A OA6 |
| Constituency Address: | 2820 B Jacklin Rd Victoria, British Columbia V9B 2X9 |
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09/23/2004 - letters from MP Keith Martin to Charles McQuarrie Victoria, BC Mr. Charles McQuarrie Dear Mr. McQuarrie: Thank you for your letter regarding census datra, and for the background information. I apologize for the long delay in responding to you. I have written to previous Ministers and the Chief Statistician on this issue in the past, but have yet to receive a response. Therefore, I have written to Minister Emerson. I am enclosing a copy of my letter for your information. I am hopeful that a response will be forthcoming this time around. Sincerely, Dr. Keith Martin, M.D., P.C., M.P. Victoria, BC Via Fax: (613) 943-0219 Dear Minister Emerson: This concerns access to Canadian census data over 92 years old. It is my understanding that existing statutes allow for personal information collected in the course of the census to be made public after a suitable period of time has passed, however, the Chief Statistician has decided that 1911 census data will not be released. I have received several letters from constituents with an interest in genealogy who would like very much to have access to this census data. On their behalf, I request that you urge the Chief Statistician to release census data over 92 years old to the National Archives, for subsequent public access in accordance with the provisions of the Access to Information and Privacy Acts. Thank you for your attention to this matter. Sincerely, Dr. Keith Martin, P.C., M.P. 08/29/2004 - letter sent to MP Keith Martin from Gordon A. Watts 29 August 2004 Mr. Keith Martin Dear Mr. Martin 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 Speech given 2 March 2000 by MP Keith Martin during the first hour of debate on MP Jason Kenney's Motion M-160
The Deputy Speaker: Is there unanimous consent to permit the hon. member to divide his time? Some hon. members: Agreed. Some hon. members: No. Mr. Keith Martin: Mr. Speaker, short of not getting unanimous consent, I will say that my colleague from Lethbridge supports the intervention I will make today. I compliment the member for Calgary Southeast for putting forth Motion No. 160 which asks that the 1911 census records, once they have been deposited in the National Archives in 2003, be made public. The bottom line is that we have an issue here, pro and con, between two competing interests: one, for people to have access to the 1911 census and indeed the census after that once 92 years have passed; and two, the privacy rights of people who, by force of law, were obligated to provide information in those census to the government. We have to look at the facts. If it is an issue of privacy with which we would all agree, we have to also look at the timeline. Ninety-two years will have passed before any information from this census could be made public. Virtually all the people affected by this census will be dead. Certainly all the adults affected by this census will be dead once 92 years have passed. Therefore, in the interests of being reasonable, is it not reasonable to allow information from 1911 to be released? Why should it be released? It is very important from an historical perspective. I was quite surprised to see the number of people in my riding, and indeed people from around the country, who very much want this census to be released. The reason for that is not only from a genealogical perspective but also from the historical perspective. These censuses provide invaluable information to historians to piece together the history of our country in an accurate fashion. That is what the census enables us to do because it provides information that deals with issues such as age, various demographic principles, housing, health and a wide variety of subjects that are essential for us to understand our past. By understanding our past, we get an important indication and view into our future. Canadian history, if I can use the words of Irving Abella, is in a state of crisis because this essential information is not being allowed to be put out. The public will be interested to know that this is not an arbitrary decision by the government. It is a decision that is there by law that was put forward by Sir Wilfrid Laurier. His law states that all information in censuses after 1906 would not be made public at all, contrary to censuses previous to that. Censuses previous to 1906 were in fact made public. We have interesting dilemma on our hands and I challenge any member who opposes this worthy motion to show where it is harmful. If we look at the experiences of other countries we find it is very interesting. The U.S. and many other countries allow census data to be released after a time that varies from 64 to 100 years. If it were such a problem to release census information, would we not also find that this would be a problem in other democracies? Would we not also hear a cry from people who believe in democratic principles that the release of census information would somehow be an infringement on the privacy of individuals? Do we hear that from other democracies or other western nations? We do not. Clearly we can see that our country by preventing the release of census information is compromising the very ability of historians, genealogists and others to get important information about our nation's history. It does not impede or compromise the privacy of individuals. We need to look at this subject in the historical context and the international context to find very clearly that the release of census information after 92 years does not in any way, shape or form compromise the privacy of individuals who are living today. I know the privacy commissioner disagrees with the point of view expressed by members from across party lines, but he has a position to uphold and an important one at that. However the privacy commissioner is wrong on this issue. We need to amend the current legislation, take hold of Motion No. 160 put forward by my colleague from Calgary Southeast and ensure that the 1911 census records will be deposited, and they should be deposited, in the National Archives in 2003. That information should be made public to all who want to have access to it.
To: Martin.K@parl.gc.ca Cc: Editor Global Gazette Date: May 1, 1999 2:27 AM Subject: Post 1901 Census Dear Mr Martin, Many of your constituents, like myself, are in their retirement years and many, like myself, are researching their family history. The early census records have proven to be invaluable for genealogical research. I understand that, in accordance with federal legislation passed early this century, the 1901 census returns are closed to the public forever. I urge you to support legislation releasing the 1901 census, and all subsequent censuses, in the same manner as the 1891 census and all earlier censuses (that is after 92 years). As you have been made aware there is a web site for you to indicate your position with respect to the release of census records. It is http://globalgenealogy.com/census/ There is an urgency to this project as the 1901 census is in danger of being destroyed to prevent its release. I look forward to your indication of support for the release of the 1901 census on the aforementioned website in the very near future.
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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