From: "anne and hugh stewart"
To: "Szabo, Paul - Riding 1"
Sent: Monday, November 01, 2004 1:46 PM
Subject: Re: Release of the 1911 Census

Dear Paul,

Thank you so much for your reply to my query on the release of the 1911 Census.

I know that you will do your part at the appropriate time to support Senator Milne. She has worked very hard on behalf of all historians, family researchers and genealogists to ensure that census data is made available according to our laws, rules and regulations. The fact that one bureaucrat by the name of Ivan Fellegi, head of Stats Canada, can put the monkey wrench in the census release process is still unfathomable to me.

I am most anxious to review the information in the 1911 Census, as it will complete the puzzle on who were my grandparents' siblings as well as where Hugh's mother's family moved to after they came back from homesteading in Alberta from 1898 to 1906. I understand there may also be more information about when they came to this country as immigrants, which will also be most helpful.

Knowing that most members of Parliament also feel that the Census should be released is most comforting. The members of the Hopefully, once a motion is put forward, there will be unanimous support in the House.

I thought that you might like to see a recent update on this issue based on a ruling from the Information Commissioner after many people have been refused access to the 1911 census. It can be found on

http://globalgenealogy.com/Census/Iccomplaint.htm

UPDATE - 4 October 2004

After a number of unexpected (at least to us) delays, on 4 October 2004 the Hon. John Reid, Information Commissioner, started sending out his response to complaints regarding the refusal of Statistics Canada to return control of records for the 1911 National Census of Canada to the National Archives for subsequent public access.

As he had done for complaints regarding the 1906 Census Mr. Reid found that records of the 1911 Census were accessible under existing legislation. He had requested Statistics Canada release the records in question. That request was refused by David Emerson, the new Minister of Industry.

Mr. Reid is prepared to proceed to the Federal Court on our behalf and for the 90 individuals who submitted complaints he requested they fill in and return a consent form to allow him to do so. We urge all who received the response of the Information Commissioner to complete and return these consent forms as soon as possible.

I feel certain that before this goes to Federal Court, that the Cabinet will work to resolve this issue. There are so many other more important things in life that need to be addressed through the Courts that this Census release should not be a burden to the Canadian taxpayer any more than it has been to date.

Again, thank you for your support and I look forward to the day when this issue is resolved in the near term.

Kindest regards,

Anne

From: "Szabo, Paul - Riding 1"
Date: Mon, 1 Nov 2004 13:51:43 -0500
To:
Subject: Release of the 1911 Census

Dear Anne,

Thank you for your patience. As far as I know, the Justice Department is still looking for a solution to releasing census data. Senator Lorna Milne is carrying the ball for our caucus and there is little more I can do since the matter is not before Parliament. I support the release of data. This however is a matter of legality. I will look for an opportunity to help but I can tell you that I don't know of anyone in Parliament who is opposed.

Hopefully this matter can be successfully resolved.

Sincerely,
Paul Szabo

From: Szabo, Paul - M.P.
To: Carol McNerney
Sent: Wednesday, October 20, 2004 2:12 PM
Subject: Release of 1911 Census

Dear Ms. McNerney,

I have now had an opportunity to be briefed by Minister David Emerson. I am pleased to advise that he believes that he will be able to table legislation on this matter in the near future.

Sincerely,
Paul Szabo, MP

From: anne and hugh stewart
To: Paul Szabo
Sent: Wednesday, October 06, 2004 9:52 PM
Subject: FW: Release of the 1911 Census

Dear Paul,

This is my fourth e-mail to you on this matter, and other than a note from one of your staff telling me that you were away in July, I have not yet had a proper reply to my query.

Will you please let me know where you stand on the release of the 1911 census?

What do you intend to do to support many of your constituents who are looking for the release of this data to finish their family research?

I for one am desperately seeking the data in the 1911 census to determine the names of my grandmother RHEAUME's younger siblings. She was born in 1901 census and appears there as an infant, but I still need to research my other great aunts and great uncles.

Hugh is also trying to complete the picture on his parents' families in the Hamilton area, but only the census will give us more complete detail on their siblings.

Hugh and I just spent 4 weeks in the Maritimes doing research on my CLARK family in the 1750s to the 1820s. We were able to obtain church records, land grants, land registers and mortgages, legal documents from lawyers' offices. I am sure we were in most of the major libraries, museums, land registries and archives in the MAritimes in our search. Unfortunately, no census was taken that early in our country's history, or I would have had all of the information I need to connect many of the families who married CLARKs in New Brunswick and Nova Scotia.

I am patiently awaiting a positive reply from you on your efforts to support the release of the 1911 census, which is now 16 months OVERDUE!!!

I have also written to Statistics Canada today to ask for their last take on the release of the census. I will forward any response I get from them.

Kindest regards,

Your loyal and patient supporter and constituent.

Anne Clark-Stewart

29 August 2004

Mr. Paul Szabo
Member of Parliament
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

Dear Mr. Szabo

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

From: Anne Clark-Stewart
To: Paul Szabo ; Paul Szabo
Sent: Monday, July 26, 2004 9:18 PM
Subject: FW: Release of the 1911 Census

Dear Paul,

I have not yet received a response directly from you on the subject of the release of the 1911 Census. According to OFFICIAL Governemnt policy, it should have been released in June 2003. It is over one year LATE!!!.

Since this is an issue which is very important to Hugh and me as we conduct our family research, I would like to know your position on this matter.

I trust that this Liberal Government will put an end to bureaucrats such as Ivan Fellegi, the Chief Statistician, re-defining what Canadians have a right to see with Census information.

Kindest regards,

Your loyal constituent,

Anne Clark-Stewart

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From: Anne Clark-Stewart
Date: Tue, 06 Jul 2004 00:48:27 -0400
To: Paul Szabo , Paul Szabo
Subject: FW: Release of the 1911 Census

Dear Paul,

Congratulations on your win last week!! It is richly deserved.

Now, on to business.

I am re-sending the following e-mail, as I would like a response from you about this issue.

I am becoming increasingly frustrated with the Government's inaction on this matter. I am in the process of preparing Access to Information requests to obtain access to the 1911 census. Others I know have been given notes from the Commissioner's staff stating that the matter is under review and they will receive a reply shortly, but shortly keeps getting longer and longer.

Your assistance in clearing up this matter would be most appreciated, not only just by Hugh and me, but also by the many historians and family researchers in Canada, as well as many researchers in the USA, Britain and Australia with family links in Canada.

Kindest regards,

Anne Clark-Stewart

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From: Anne Clark-Stewart
Date: Sat, 26 Jun 2004 00:38:37 -0400s
To: Paul Szabo
Subject: Release of the 1911 Census

Dear Paul,

I hope you are holding up well under the strain of the election campaign. Hugh and I both wish you well with the end result.

In the past, I have spoken with you about my concerns re the release of the 1911 Census and Bill S-13. I am wondering where you and the Liberal Party now stand on the issue of census release. As an avid genealogist, I am very concerned that we had to take the government to federal court to get the 1906 Western census released to the public. The 1911 federal census should have been made available in June, 2003, however, the chief statistician, Ivan Fellegi, has failed to deliver it to the Archives of Canada claiming some promise of confidentiality (which he has not been able to produce, as there is no record of such a promise in Hansard) was given to the Western Provinces when the information was taken. That too is currently before the federal court.

The legislation introduced by Sen. Lorna Milne in the last session had so many restrictions on it that it was ridiculous and many of us heaved a sigh of relief when it did not pass.

So, if elected, will a Liberal gov't instruct Mr. Fellegi (Stats Canada) to obey the law and release the records to the Archives immediately? And will it also introduce legislation to ensure continued access to census records 92 years after they are taken as was the case for every censuses from 1851-1901?

I remember a speech made last year by Prime Minister Martin stating that bureaucrats should be bureaucrats and let the legislators govern. I hope he is true to his word. The delaying tactics of Mr. Fellegi have gone on long enough!!!

You can read more about this isssue and the concerns of family researchers, historians and genealogists at the following website:

http://www.globalgenealogy.com/Census/index.htm

This issue is most important to both Hugh and me, as we are trying to uncover some family movements between Hamilton and Western Canada at the turn of the century, and are unable to pursue it any further until we get access to the 1911 Census. I am sure that you are also aware that this is the last Census which contains information on the tens of thousands of young men who were our ancestors who were killed in WWI.

Paul, thank you, for your time. I look forward to receiving your response.

Kindest regards,

Anne Clark-Stewart
Mississauga, Ont.

"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)"