| Name: | The Hon. Andy Mitchell |
| Political Party: | Liberal Party of Canada |
| Constituency: | Parry Sound--Muskoka |
| Province: | Ontario |
| Telephone: | (613) 996-3434 |
| Fax: | (613) 991-2147 |
| Mitchell.A@parl.gc.ca |
| Address: | House of Commons, Ottawa K1A OA6 |
| Constituency Address: | 530 Muskoka Beach Road Unit 1 Gravenhurst, Ontario P1P 1M9 Tel: 705-687-0007 Fax: 705-687-0010 |
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11/17/2004 - email from MP Andy Mitchell to Michelle Knoll. From: Mitchell, Andy - Assistant 4 Ottawa, ON K1A 0A6 Ms. Michelle Knoll Dear Ms. Knoll: I am writing to acknowledge and thank you for your correspondence received November 3, 3004 regarding census records. I sincerely appreciate the time you have taken to bring your interests to my attention. I support our government’s commitment to guarantee access to post-1901 census records. Although I believe that Canadians 92 years of age or older should have the right to keep their records private, I realize that this right must be balanced with the openness that is required for genealogical and historical research. Once again, thank you for taking the time to write to me. Please do not hesitate to contact my office should you require further assistance. Sincerely, The Hon. Andy Mitchell, M.P. 10/27/2004 - email from MP Andy Mitchell to Jim Galley. With this message he is optimistically awarded a Gold Tick of support. (GAW) Subject: Correspondence from the Hon. Andy Mitchell, M.P. Ottawa, ON Mr. Jim Galley Dear Mr. Galley: I am writing to acknowledge and thank you for your correspondence received October 22, 2004 regarding access to post 1901 Census data. I am always happy to hear from my constituents on issues that are a concern to them and I welcome the opportunity to respond. I support our government's commitment to guarantee access to post-1901 census records. Although I believe that Canadians 92 years of age or older should have the right to keep their records private, I realize that this right must be balanced with the openness that is required for genealogical and historical research. Please be assured that I will keep your comments in mind for this session of Parliament. If I can be of any further assistance with this or any other issue, please do not hesitate to contact my office. Sincerely, The Hon. Andy Mitchell, M.P. From: "Jim Galley" I think that it is time for you to make a decision regarding the census information. You should go from non committal to YES or NO. WE WOULD AT LEAST KNOW WHERE YOU STAND ON THIS ISSUE. I sent emails to you last year regarding this topic. http://www.globalgenealogy.com/Census/Score3.htm#ONT Jim Galley Would you, as an elected Member of Parliament, propose or support a Motion in the House of Commons calling for the government to direct the Chief Statistician of Canada to immediately transfer care and control of the 1911 National Census of Canada to the National Archivist?" Would you support a Bill (preferably 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. 08/29/2004 - letter sent to MP Andy Mitchell from Gordon A. Watts 29 August 2004 Mr. Andy Mitchell Dear Mr. Mitchell 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 10/07/2002 - email to MP Andy Mitchell from Gordon A. Watts.
To: MP Mitchell, Andy Sent: Monday, October 07, 2002 11:44 AM Subject: Post 1901 Census legislation Dear Mr. Mitchell 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 09/20/2002 - email to MP Andy Mitchell from Frank McKerry.
To: Andy Mitchell Sent: Friday, September 20, 2002 2:48 PM Subject: Post 1901 Census Mr. Andy Mitchell, M.P. Parry Sound-Muskoka: It is noted on the Post 1901 web site that you are on the fence (undecided) on how you are going to vote for this Bill when it comes back to the floor of the House. Have you contacted any of your constituents on this matter ? The people who elected you to represent them in the House ? Many of your constituents are eagerly awaiting the release of the 1906 and 1911 Census and are trying to get family information to complete their family tree and ancestry links. I am not one of your constituents, but I am doing research for family in your riding and your YES vote will assist me in my search. Would you please change you Undecided mark to a YES vote on the 1906 and the 1911 Census release to the Archives Canada ? Respectfully M. Frank McKERRY, C.D. Vernon, B.C. 06/05/2002 - email from MP Andy Mitchell to Mary Lou Verbonac.
Sent: Wednesday, June 05, 2002 10:40 AM To: Mary Lou Vebonac' Subject: Correspondence To The Honourable Andy Mitchell, M.P. Ottawa, ON K1A 0A6 Mrs. Mary Lou Verbonac Dear Mrs. Verbonac: I am writing to acknowledge and thank you for your email correspondence dated May 11, 2002 regarding the 1911 census records. The issue you have raised is a very important one, and the federal government has heard from a great many Canadians on their concerns. Bill S-12 is a Private Members Bill introduced in the Senate by Senator Lorna Milne. The Senate is in the midst of reviewing this bill, and it is currently before the Standing Senate Committee on Social Affairs, Science and Technology, which is studying it in detail and may recommend changes to it before it is referred to the House of Commons. I will make my decision on Bill S-12 once the process in the Senate is complete and the bill is placed before the House of Commons. Once again, thank you for contacting me. Sincerely, The Honourable Andy Mitchell, M.P. Parry Sound-Muskoka 04/15/2001 - email from MP Andy Mitchell to Ms. Joan M. Labbe. From: "Mitchell, Andy - Assistant 2" To: Joan M. Labbe Sent: Thursday, March 15, 2001 10:23 AM Subject: Correspondence to the Honourable Andy Mitchell, M.P. Ms. Joan M. Labbe Dear Ms. Labbe: Thank you for your letter regarding public access to historical census records. I sincerely appreciate you taking the time to inform me of your concerns and I welcome this opportunity to respond. There has been considerable public debate and interest on the part of genealogists, historians and archivists who expected that the 1911 census records would be publicly available in 2003, 92 years after the taking of the census. Canada's census records up to and including the 1901 Census are publicly available through the National Archives of Canada. The legislation authorizing the taking of these censuses did not contain confidentiality protections that have the force of law. In accordance with the regulations under the Privacy Act, these historical censuses were released to the National Archives 92 years after the collection date and made available to the public. The Privacy Act, however, also stipulates that where other acts provide specific protection to personal records, the provisions of such other acts must prevail. It is this stipulation which, according to a legal opinion received by Statistics Canada, prevents the releases of the post-1901 Census records. The 1911 and later censuses were taken under a legally valid guarantee that the information would not be shown to any other person, therefore the release of individual census records for all censuses following 1901 is explicitly prohibited by law. Starting in 1906, the legislation contained statutory confidentiality provisions such that only the person named in the record could have access to his or her information. Recognizing the importance of historical research but also taking into account the privacy concerns of Canadians, the previous Minister of Industry and Minister Responsible for Statistics Canada, the Honourable John Manley, created an Expert Panel on Access to Historical Census Records. The panel was created to provide independent, expert advice on the legal, privacy and archival implications of releasing historical census records. The Expert Panel was asked to recommend an approach which balances the need to protect personal privacy with the demands for access to historical census records. The Panel was to: * explore the differences of opinion between Canadians who would seek to maintain the protection of personal information and those who would like to examine personal or community histories; and * determine what options exist to provide access to historical census records. During the course of their study, the Panel was to review all relevant documents received to date, as well as meet with key stakeholders to obtain their views. The Panel also received commentaries, from people like yourself, that cover areas of concern not previously submitted. On December 15, 2000, the Honourable Brian Tobin, Minister of Industry, released the Expert Panel on Access to Historical Census Records. With the release of the report, the Minister indicated that the issues at stake are complex and far reaching. The government is committed to protecting the privacy rights of Canadians who were given an assurance of confidentiality at the time they completed the 1911 Census while, at the same time, the government must consider the legitimate needs of genealogists and others for access to historical census records. In light of these concerns, the Minister indicated that further broad based consultation with all Canadians is needed. This consultation will take place as part of the already announced administrative and legislative review of the Access to Information and the Privacy Acts. The government's primary reason for undertaking additional consultation is to ensure that, if access to historical census records is provided, this is done in a manner that respects the government's deep commitment to privacy. To find out more about the report from the Expert Panel on Access to Historical Census Records, please visit the web site at www.statcan.ca Once again, thank you for contacting my office. Please do not hesistate to contact me if I can be of further assistance with this, or any other, issue. Sincerely, The Honourable Andy Mitchell, M.P. Parry Sound-Muskoka 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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