POST 1901 CENSUS PROJECT
Open the door to Canada's Historic Census
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françaisSummary of Post1901 Census IssueTHE ISSUE:Statistics Canada, the agency charged with the responsibility of collecting the Census of Canada every five years, has taken the position that no public access will be allowed to individual Census records taken after 1901. They have refused to transfer control of these records to the National Archives which would then permit the National Archivist to allow public access to them 92 years after collection. Their position is that the release of individual census records is explicitly prohibited by law for all censuses following 1901. This position is based on a series of legal opinions obtained from Justice Canada from 1981 through 1985.HOW DID WE GET HERE?It is believed that each of the legal opinions given by Justice Canada are flawed as they consider only one clause in Instructions to Officers and Enumerators of Census that in the Census and Statistics Act of 1906 were given "the force of law". That clause, titled "Secrecy", assured respondents that information given to enumerators could not be used by anyone for purposes such as "taxation" or other contemporary concerns that might be expressed. Indications are that respondents were told about this confidentiality only if they expressed concerns about it. This was not a new clause as similar wording of Instructions had been used since at least the first Census of Canada taken in 1871. It was, however, the first time the Instructions had "the force of law".The legal opinions of Justice Canada did not consider other pertinent clauses of those same Instructions (having "the force of law") that stated that "clear and legible records" were to be kept because "the census is intended to be a permanent record, and its schedules will be stored in the Archives of the Dominion". Other clauses stated that Census "will have value as a record for historical use in tracing the origin and rise of future towns." If the clause relating to "Secrecy" had "the force of law", so then, did the other clauses in those Instructions. Statistics Canada cannot pick and choose which clauses they want to have "the force of law" and those they do not. Similar clauses were contained in Instructions from 1871 to at least 1946. Statistics Canada has variously referred to a promise of confidentiality in perpetuity, an explicit guarantee of indefinite confidentiality, or an unqualified promise of confidentiality they claim was given by the government of Sir Wilfred Laurier in 1906, and subsequent governments. Despite requests to produce documented evidence that proves the existence of these promises or explicit guarantees that confidentiality of Census lasts forever, to date they have been unable to do so. It is obvious that the (mis)interpretation of legislation which enforces permanent concealment of post-1901 census from the public eye, must be changed. If changes are not made, Post-1901 Census Records may never be available for future generations or us. Officials of Statistics Canada have stated there has never been an intention to destroy the census data. If it were up to former Privacy Commissioner Bruce Phillips, however, all census records would be destroyed immediately following statistical compilation. Government records, however, cannot be destroyed without the approval of the National Archivist. Canada’s current National Archivist, Ian Wilson, is determined to see these records preserved. He has rescinded an order for destruction of the 1996 Census enumeration forms issued by the former National Archivist. Mr. Wilson also favours allowing public access to Historic Census records and made a presentation to the Expert Panel on Access to Historic Census Records that called for that access. WHAT HAS BEEN DONE UP TO NOW?Since late 1998 efforts have been made via the Internet and various genealogical mail lists to inform concerned individuals and organizations regarding the Post 1901 Census situation. All of those concerned have been encouraged to sign petitions and write letters and email to their Members of Parliament and various government officials, expressing their concerns about the situation, and requesting that steps be taken to allow public access to Historic Census Records.In April of 1999, Rick Roberts of Global Genealogy, created the Post 1901 Census Project Website and provided space on his server for it. A loosely knit group of concerned individuals from across Canada began working together, through the Internet, to promote efforts for the release of Post 1901 Census records. They have come to be known as the Canada Census Committee. For the most part members of this adhoc Committee have not met except via the Internet. They are not the only group working to the same goal, however no other group we know of is encouraging participation from all Canadians, coast to coast. We actively seek the participation and co-operation of all Genealogical and Historical societies. On 5 November 1999, then Industry Minister, and Minister Responsible for Statistics Canada, John Manley, appointed an Expert Panel on Access to Historical Census Records to report regarding the legal, privacy and archival implications of providing access to historical census records. The Panel was asked to examine the following issues:
2. What options exist to provide access to historical census records? The Expert Panel considered draft legislation and motions before the Senate and the House of Commons together with related speeches and documentation. They also considered public opinion research commissioned by Statistics Canada. Results from six focus groups and two National surveys were considered. The Report of the Expert Panel was presented to the Office of the Industry Minister at the end of June 2000. There appeared, however, great reluctance on the part of Government to release this Report to the public. On 15 December 2000, day 89 of the 90 day time period in which Statistics Canada was required by law because of an Access to Information Request to release the Report, it was placed on the Statistics Canada website and finally made available to the public. Briefly, the Expert Panel found that a guarantee of perpetual confidentiality was not intended to apply to the census. They felt that it had always been intended that census records would eventually become public and did not view any legislation deemed necessary to do so as breaking of a promise to respondents. The Report recommended allowing public access to all Census records, past, present and future, 92 years following collection. They only advised caution regarding any legislative steps that might be thought necessary to effect release of Census between 1921 and 2001. They suggested that any legislative change felt necessary be done in the National Archives Act rather than in the Statistics Act. The press release of the current Minister of Industry, Brian Tobin, that accompanied the release of the Report of the Expert Panel was not encouraging to an early expectation of public access to Historic Census. The press release used phrases suspiciously similar to those issued previously in old releases of Statistics Canada. It was likely composed by Chief Statistician Dr. Ivan Fellegi who opposes public access to census records. The release calls for "further broad based consultation with all Canadians" and states that this consultation will take place as part of "the already announced administrative and legislative review of the Access to Information and the Privacy Acts." While a task force to review the Access to Information Act was announced 21 August 2000, with a final report to be brought down in the fall of 2001, we are unaware of any similar process being set up to review the Privacy Act. In the announcement regarding the task force to review the Access to Information Act the Minister of Justice and Attorney General Anne McLellan stated:
WHERE DO WE GO FROM HERE?It had been hoped that with the Report of the Expert Panel we would see the government bringing down a Bill that would deal with our concerns and allow public access to Historic Census. It is obvious however that Mr. Tobin has no intention of acting upon the recommendations of the Expert Panel.We must express our displeasure with this by writing to Mr. Tobin asking him to take immediate steps to implement the recommendations of the Expert Panel. We must let him know that further delay in this matter is unacceptable to the people of Canada. We must further advise him that thirty years of discussion is enough, and the time to act is NOW. We must continue to write letters and email to our Members of Parliament, and other government officials, expressing our desire to obtain public access to Historic Census records. Theses letters and email should stress that the Expert Panel has recommended allowing public access to all Census – past, present and future, 92 years after collection as allowed in Regulations attached to the current Privacy Act. We must continue to seek a commitment by our MPs that they will vote in favour of a Bill that would allow public access to Historic Census. We must once again sign petitions and actively solicit others willing to sign petitions seeking public access to Historic Census. Above all we must not become discouraged or complacent, thinking that there is no use trying, or thinking that the efforts of others will succeed without our participation. This one time, if at no other, we must stand up and be counted. If we do not, our descendants may never know that we existed. In democratic political systems like ours, change only happens when constituents identify a need for change and then gain wide public and political support so that an issue cannot be ignored by our elected officials. We have a responsibility to make sure that our Members of Parliament know what is important to us. It is just as important for them to know that our votes will go to those who support issues that are critical to us. The MP’s Scoreboard located on this website allows anyone to review the positions of each of our members of parliament and then have access to e-mail and Canada Post addresses where you can communicate directly with your elected officials. The table lists the name of each member of parliament in Provincial groupings, alphabetically by surname, their electoral riding, political party, position on the issue and correspondence address information. By clicking on the name of any MP you can view correspondence that has been sent to them, and any response they have provided clarifying their position on releasing post-1901 census information. If you are dissatisfied with your MP's position on the issue we recommend that you send him/her e-mail and a written letter to express your concerns. Should you be satisfied with your member's position a letter or e-mail of support to them would be appreciated. When writing your letters please check the information provided on the Who do I contact? page. E-mail addresses are shown on the MP’s Scoreboard. E-mail makes an impact, however only physical letters count in the "official" tabulation. Sending a letter to a Member of Parliament from anywhere in Canada, via Canada Post is free. |
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