From: Dan Walker
To: CANADA-CENSUS-CAMPAIGN-L@rootsweb.com
Sent: Wednesday, June 22, 2005 5:51 PM
Subject: [CCC] Reply from my MP

I forward for everyone a copy of the email I received back from Diane Finley MP, Haldimand-Norfolk which shows her position quite clearly.

Dan Walker

Dear Mr. Walker:

Thank you for your e-mail concerning the release of the 1911 census/bill S-18.

As you may know, Bill S-18 will allow for the immediate release of the 1911 census records (currently in its 94th year with Statistics Canada). Furthermore, the legislation will provide unrestricted access to personal census records after 92 years for each of the censuses between 1911 and 2001 inclusive.

In addition, Bill S-18 will create a new confidentiality clause. This clause will ensure that in all future censuses, Canadians will be asked to decide whether or not they will permit the public to view their records after 92 years from the census date. If they leave the question unanswered on their form, their information will automatically be kept confidential. Canadians will have an opportunity to change their minds on this issue by applying to Statistics Canada to change their status. This option will be retroactive.

With regard to the Conservative Party position, the Conservative Party supports the release of the 1911 census as soon as possible. Furthermore, we support the release of basic tombstone information from Canadian census records from the years 1911 to 2001 inclusive after 92 years. Furthermore, I strongly support the new confidentiality clause outlined in bill S-18 that will be included at the end of future censuses and will allow Canadians to decide whether or not to make their information public after 92 years.

With respect to the legislative process and the passage of bill S-18, I believe it would be irresponsible to pass bill S-18 without at least hearing from the Chief Statistician of Canada and the Privacy Commissioner of Canada.

The reality is the Liberals are not serious about speeding access to the 1911 census records because they have had 12 years to enact enabling legislation. They only introduced a bill to allow for the release of the 1911 census in May 2003. That bill, which was seriously flawed, died on the Order Paper after the Liberals called the election last June.

Finally, I believe that Statistics Canada should review the type of information it collects in both the long and short form census questionnaires. Canadians should not be forced to divulge information that is of such a personal nature that it would be embarrassing to a citizen or family after 92 years. This issue is not raised in bill S-18.

Once again, thank you for having taken the time to write. Your concerns are important to me and have been duly noted.

Regards,

Diane Finley, M.P.
Haldimand-Norfolk

29 August 2004

Ms. Diane Finley
Member of Parliament
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

Dear Ms. Finley

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