Mr. Lloyd St. Amand (Brant, Lib.): Madam Speaker, it is my pleasure to rise today to present the House with Bill S-18, an act to amend the Statistics Act. The bill would address and finally resolve an issue that has been long outstanding, namely the question of access to historical census records.

    No doubt the House would agree that access to these records can provide a rich and valuable means by which both family and historical research is conducted. Indeed, genealogists and historical researchers, without exception, view publicly available historical census records as essential tools in their work.

    The other key aspect of the bill, for not only does it address a current dilemma, is it would enable Canadians a clear and unequivocal say in how they would like their personal information on census records to be used in the future. Canadians would be given the option of giving permission for the release of their personal information on the census questionnaire.

    The genesis of the issue of public access to historical census records and why there is a need for Bill S-18 goes back many years.

    As it currently stands, at issue is the legal ambiguity as to the authority of the chief statistician of Canada to release records from the 1911 census of population. That the records from this census have not yet been released has caused much outcry and consternation among the genealogical community. I believe many members of the House have received numerous pieces of correspondence from their constituents in relation to this matter.

    In essence, Bill S-18 would provide a fitting solution to this issue by removing this legal ambiguity in relation to the release to the public of census records between 1911 and 2001, not just records from the 1911 census.

    The bill then addresses not only the issue of historical access as it relates to censuses already conducted, it also sets the framework for the issue of access to future census records.

    Beginning with the 2006 census and in any to follow, Statistics Canada would ask on the questionnaire for the consent of Canadians to release their census information, once again 92 years after each census. An individual's census records would be released only when consent was given. If consent were not given, the census records of that individual would never be made publicly available.

    A third aspect of the bill would ensure accountability on behalf of both Statistics Canada and the government. Bill S-18 would establish that a parliamentary review must occur no later than two years before the 2016 census of population. The committee's review would report on the administration of the informed consent requirement outlined in the bill and if necessary, suggest changes to its operation and administration.

    The issue of access to historical census records has itself a substantial and interesting history. I would like to share with my hon. colleagues a brief summary so they can perhaps appreciate why now is the time to resolve this longstanding issue.

    Censuses have long been a fascinating and valuable historical record of the growth of Canada and Canada's heritage. Hon. members should note that the first census was conducted in 1666 by Jean Talon. At that time, he reported that there were only 3,215 inhabitants in the colony of New France. As our country grew, it was the regular censuses that bore witness to this growth and to the changes which took place. Finding a resolution to the issue of access to historical census records has seen the passing of many years and has taken many paths

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    In late 1999 the hon. John Manley called for the creation of an expert panel on access to historical census records which reported to him in May 2000. Its mandate was to examine the legal, privacy and archival implications of providing access to historical census records. Statistics Canada itself undertook public consultations on this issue in 2001. These were consultations across the country so as to gather Canadians' views on both confidentiality of census information and access to historical records. Both of these undertakings provided valuable guidance to the government on how it should proceed.

    Following the full discussion and examination of all options, in January 2003 the government announced that there was a need to clarify the Statistics Act and the legislation would be drafted. At the same time it also announced the release of returns from the 1906 census. That census was a special census only conducted in the provinces of Manitoba, Saskatchewan and Alberta. It collected limited and less sensitive information, such as name, address, age, sex, marital status and origin.

    The release was applauded by members of the genealogical community who had long encouraged the government to authorize the release of information from the 1906 census. Given the 100th anniversary of the entry of Alberta and Saskatchewan into Confederation, the public release of the 1906 census records has been of significant interest.

    In response to recognition that legislation to amend the Statistics Act was necessary, Bill S-13 was introduced in the other place in February 2003. Some hon. members may recall that the bill was debated in this House in the fall of 2003, but that bill died on the order paper. Hence, Bill S-18 now before the House is our second attempt to resolve this issue.

    I would like to take a moment to briefly point out a key difference between Bill S-13 and Bill S-18. It illustrates the government's resolve to settle this issue. In the former bill, Bill S-13, there were certain conditions placed on the release of information after 92 years. These conditions would have restricted disclosure to what is commonly known as tombstone data, such as name, age, date of birth, marital status, to the person's own family and would be imposed on the information for an additional 20 years. Historians and researchers would also have had to sign a document agreeing to these restrictions before being granted access to census records.

    The government listened to the concerns of Canadians who felt that these additional conditions outlined in Bill S-13 were too restrictive and too burdensome. The outcome, I am pleased to say, is that no such conditions are present in Bill S-18. All census information will be released without restrictions after 92 years have passed.

    To conclude my resumé of the history of this issue, I would bring to the attention of the House that in June 2004 there was a Federal Court decision related to the access of historical census records. In his decision the hon. Mr. Justice Gibson ruled that care and control of the 1911 census records rests with the chief statistician. He also ruled that there was no legal obligation under current law which would compel the chief statistician to transfer these records to the National Archives without an agreement between both parties. In his ruling he also suggested that resolution of this matter is best left to the government to address. This is something that Bill S-18 does.

    Hon. members would no doubt join me in agreement when I suggest that Statistics Canada is internationally recognized as one of the top statistical agencies in the world. This is due in no small part to the professionalism and commitment of its staff members and the strong leadership provided by its management.

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    The agency is ably guided by the strengths and thoroughness of the Statistics Act, because it not only establishes its mandate but provides well articulated guidance on how the agency must be run. It is in section 17 of the Statistics Act that the all important confidentiality provisions are outlined vis-à-vis the protection of information collected by Statistics Canada.

    As I have already noted, it is this provision of confidentiality that is at the heart of Statistics Canada's reputation. Protecting confidentiality of the information that it collects under the Statistics Act is a value upheld by all of its employees every working day through the numerous practices in place in policies and in work arrangements.

    Section 18 of the same act identifies that information received by Statistics Canada is privileged information and shall not be used as evidence in any proceedings. Because of these two sections, the bonds of confidentiality are strong, especially when it comes to the personal information of all Canadians.

    At the crux of the matter, when one examines both the current Statistics Act and previous legislation such as the Statistics Act of 1918 that created the Dominion Bureau of Statistics, is whether the chief statistician can authorize any release of census records collected.

    Over the past 10 years there have been various legal opinions on whether records from those earlier censuses could be disclosed. While discussions have focused on the legal ambiguities related to the 1911 census records, there is far less ambiguity in regard to censuses conducted after 1918 when the Dominion Bureau of Statistics was created.

    For records from the 1921 census up to current day, an amendment is required to make those records available to the public. Under an amended Statistics Act, any legal ambiguity would be removed and the chief statistician would be required to transfer census records to the care and control of Library and Archives Canada once 92 years had passed. Therefore, the ambiguity that currently exists would be eliminated.

    Informed consent about the use of personal information is a key principle of privacy protection. Therefore, it follows that Canadians should have the right to decide for themselves if they want their personal census records to be made publicly available in the future. Bill S-18 would give Canadians the option for the first time to provide consent for the release of their own information 92 years after the census had been conducted. Plans call for such a question to be asked on the questionnaire of the next census of population, which will conducted in May 2006.

    The multitude of persons who serve as privacy protection advocates and supporters either in a formal or informal capacity would be the first to agree that informed consent about the use of personal information is a key principle of privacy protection. To many it is a right afforded to all. Bill S-18 will provide the legal basis under which this consent could be offered and upheld.

    A third and equally important point of Bill S-18 is that it calls for parliamentary review in 2014. A committee of this House, the other place, or both houses of Parliament would review the administration and operation of the subsections related to the informed consent provision. By that time, the year 2014, there will have been two censuses in which Canadians will have been asked for their permission to release the personal information. How they have responded will provide an indication of how Canadians view this issue and how they wish their government to respect their wishes.

    As in the parliamentary tradition, the committee would permit an opportunity for interested parties to make their views known. In its final report the committee would be able to recommend any changes it saw fit to the administration of the provision that would be in place in time for the conduct of the census of population in 2016.

    In fact, subject to the passage of the proposed amendment to the Statistics Act, the 1911 census records would be released immediately. Undoubtedly this action would be applauded as well as appreciated by genealogists and historical researchers all across Canada.

    I would like to point out that for the 2006 census and subsequent censuses, Statistics Canada has already made a commitment as part of its census communications program to explain to Canadians the importance of their giving consent to allow access to their census records. This initiative would be conducted in conjunction with Library and Archives Canada.

    As well, Statistics Canada will establish a program that would allow Canadians to change their responses to the consent question at any time during the 92 year period prior to public release. For example, children may not agree with the response provided on their behalf by their parent or guardian to the consent question and may now wish to change it. Those children will have the right to review what response was provided, and if necessary, request a change accordingly which will thereafter be processed by Statistics Canada.

    This right to change one's mind is not limited in any way. In fact, all Canadians will retain the option, even in cases in which a person answered one way but subsequently changed his or her mind following a census.

    In conclusion, Bill S-18 will at long last resolve the issue of access to historical census records as well as establish a procedure by which Canadians will have more say in how their personal census information will be used.

    As evidenced by the many years of discussion and debate on this issue, support for Bill S-18 will show Canadians that a fair and balanced solution has been reached. Because of that, it is a win-win situation, both for those who want access after a well-established period of time, and those whose concerns focus on the protection of personal information.

    Bill S-18 is a compromise which should please all parties. I urge hon. members to join me in the passage of this bill and its reference to committee as soon as possible.

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    Mr. David Tilson (Dufferin—Caledon, CPC): Madam Speaker, the member's speech was obviously well researched. It deals with a very difficult issue that has been going on for some time, that is, trying to find the balance between privacy and the seeking of genealogical or historical information. It is a very difficult topic.

    There is an issue I would raise with my colleague. I look at the details of the fifth census of Canada, the 1911 census, and I look at the questions that are now going to be asked in the 2006 census. They are very personal questions. We are all concerned about our privacy. Now with this legislation, and I am talking about the period of time after 1911, there are no restrictions. This legislation will have absolutely no restrictions. That information will all be released. Some people want that, but if we look at the 1911 census and the questions that were asked, the information was not as detailed as it is now but it is still very personal information.

    There is a whole group of people who are still alive, who filled out those forms in 1911. The problem is the promise by the chief statistician that all the information at that time would be protected is being broken. That promise to keep that information confidential is being broken by the government.

    I would like the member to comment on the discrepancy between the time after 2006, when there will have to be consent to release the information, and simply from 1911 to I believe 2002, when it is just going to be released.

    Mr. Lloyd St. Amand: Madam Speaker, as my hon. colleague across the floor said, the legislation attempts to balance the longstanding right of privacy of individuals with the understandable desire on the part of researchers and genealogists to enhance our understanding of Canada's past by the release of records.

    The legislation and the bill is intended to be forward looking. The member is correct. Henceforth, Canadians will have the fundamental right to prohibit the release of any information contained in the census records. Henceforth, privacy rights will be fundamentally protected.

    With respect to past censuses, the truth is that census questionnaires now are much more detailed, much more intrusive or probing than was the case decades ago.

    For the most part, the information set out in earlier censuses, and I am talking about censuses from some years and decades ago, is in fact the proverbial tombstone data: name, age, sex, date of birth, place of birth, et cetera.

    Hon. Peter Adams (Parliamentary Secretary to the Minister of Human Resources and Skills Development, Lib.): Madam Speaker, I appreciated the way the member for Brant laid out this problem and the question of balancing confidentiality and the desirability of having statistics of various sorts.

    I have to say, partly in answer to my colleague opposite, that over the last several years, as this legislation in different forms or this problem has been around, I have had a steady stream of requests from people who wanted us to change the way the census information from 1911 onwards, or whatever it is, will be released. What impressed me about that has been the fact that these were highly professional people, historians, demographers or something like this, who were very keen and had a professional interest in obtaining the information.

    We also had all sorts lay people who were interested in geneology and other aspects of Canada in those days. These are people who now work in a much more sophisticated way through computers than they used to. One of the reasons they are able to do that is that Canada has become much more sophisticated.

    The member for Brant complimented Statistics Canada, which truly is an example to the whole world. However ordinary people can now access information in sophisticated ways that were only possible to professionals.

    Could my colleague tell me what I should say, in a short way, to all these people, which I think number in the thousands, who have asked me about this release of information? I cannot give his complete speech but I would like to give them hope that they will be able to get this information which they have sought for so long.

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    Mr. Lloyd St. Amand: Madam Speaker, as my colleague has indicated, this has been a longstanding issue. He and, I dare say, many others in this House have heard from many constituents who have wanted this legislation to be put before the House of Commons.

    The issue has been scrutinized and reviewed. It has been the subject of committee and the subject of recommendations. A suggestion in Mr. Justice Gibson's report was that this type of legislation be brought forward.

    My hon. colleague can say to his constituents that the answer to their concerns and the answer to their query is found in the legislation.

    Mr. James Rajotte (Edmonton—Leduc, CPC): Madam Speaker, I want to seek a clarification. I believe the member said that the legislation would focus or limit itself to the release of tombstone information in response to an earlier question from my Conservative colleague.

    I wonder if the member could clarify that. I am not certain whether that was the exact limit of the legislation. If he could clarify that I think it would address some of the concerns expressed by some members of the Conservative caucus with respect to privacy? Does the legislation just limit itself to basic tombstone information?

    Mr. Lloyd St. Amand: Madam Speaker, when I used that expression in my speech and then in response to his colleague's question, I was making reference to earlier censuses which had been conducted by the Government of Canada and not necessarily census questionnaires that will be directed to Canadians in the future.

    However in response to his concern that soon to be gathered census information will be too intrusive, I would only indicate that henceforth Canadians will have the right to prohibit the release of any census information whatsoever, a right that is now being granted to them for the first time.

29 August 2004

Mr. Lloyd St. Amand
Member of Parliament
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

Dear Mr. St. Amand

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