Notice of Application for Judicial Review.

The following is an extract of the Application that accompanied the Notice of Application for Judicial Review. It details the reason for the Application, what we seek by the Application, and the grounds for it.

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APPLICATION

This is an application for Judicial Review in respect of:

(a)          the refusal of the Chief Statisician to transfer possession and control of the Nominal Returns and Schedules of the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta, and a microfilm thereof, to the National Archivist forthwith and without condition;

(b)          in the alternative, the failure of the National Archivist to make the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoa, Saskatchewan and Alberta, or microfilm thereof, available to the public for research purposes.

The Applicants make application for:

(a)          an Order compelling the Chief Statistician to transfer possession and control of the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta, or microfilm thereof, to the National Archivist forthwith and without condition;

(b)          an Order permitting or, in the alternative, directing the National Archivist to make the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta, or microfilm thereof, available to the public for research purposes;

(c)          if necessary, an extension in time to bring this application for Judicial Review;

(d)          costs on a solicitor/client basis.

The grounds for the application are:

(a)          The Chief Statistician has the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta, or microfilm copies thereof, in his custody.

(b)          In the alternative, the National Archivist has the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta, or microfilm copies thereof, in his custody, but is bound by an agreement with the Chief Statistican no to make them available to the public for research purposes.

(c)          The National Archivist has determined that the Nominal Returns and Schedules of the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta are of historical importance and has requested the Chief Statistician to transfer them to the custody of the National Archives.

(d)          The Chief Statistician has refused to comply with the request of the National Archivist. In the alternative, the Chief Statistician has transfered the microfilm of the Nominal Returns and Schedules of the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta to the National Archivist on condition that no one be allowed to view the microfilm and the National Archivist has not made the microfilm available to the public for research purposes.

(e)          The Chief Statistician is required to transfer the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta, or microfilm copies thereof, to the National Archivist pusuant to Section 6(1) of the National Archives Act and no other statute or law prohibits this transfer or access by the public to this material.

(f)          Regulation 6 of the Privacy Regulations specifically provides for the National Archivist to disclose to the public for research purposes, information obtained through the taking of a Census after 92 years have elapsed following that Census.

(g)          The Applicants are residents of Canada and are interested in reviewing the Nominal Returns of the 1906 Census of the Provinces of Manitoba, Saskatchewan and Alberta

(h)          The Applicant, William Waiser, applied to Statistics Canada pursuant to the Access to Information Act to see the nominal data for the 1906 Sepcial Western Census on August 29, 2000. This request was denied by Statistics Canada.

(i)          The Applicant, William Waiser, filed a complaint with the offices of the Information Commissioner of Canada with respect to the refusal of Statistics Canada to allow him access to the nominal data for the 1906 Special Western Census on October 19, 2000. His complaint has not been resolved.

(j)          Such further and other grounds as will be made known by the Applicants or its Counsel at or prior to the hearing of this application

This application will be supported by the following material:

(a)          Affidavit of William Waiser with the following documentary Exhibits:

(i)          a copy of a letter dated November 16, 1999 to Dr. Ivan P. Fellegi from Ian E. Wilson;
(ii)         a copy of a letter dated August 1, 2000 to Françoise Bouvier from M. Sheridan;
(iii)        a copy of a letter dated August 1, 2000 to Dr. Ivan P. Fellegi from Ian E. Wilson;
(iv)        a copy of a letter dated September 1, 2000 to Dr. Ivan P. Fellegi from Ian E. Wilson;
(v)         a copy of Access to Information Request Form dated August 29, 2000 by Bill Waiser;
(vi)        a letter dated October 6, 2000 to Professor Bill Waiser from Pamela White;
(vii)       a copy of a letter dated October 19, 2000 to Hon. John Reid from Bill Waiser;
(viii)      a letter dated November 21, 2000 to Professor Bill Waiser from J.G.D. (Dan) Dupuis;
(ix)        a letter dated January 17, 2001 to Professor Bill Waiser from Eric Murphy;

(b)          Affidavit of Anne Beatty;
(c)          Affidavit of Muriel Davidson;
(d)          Affidavit of Beverley Ann Rees;
(e)          Affidavit of Dave Obee;
(f)           Affidavit of Louise Sauve;
(g)          Affidavit of Jean Stanley;
(h)          Affidavit of marilyn Annette Taylor;
(i)           Affidavit of Sheila Ward;
(j)           Affidavit of Gordon Allen Watts;
(k)          Affidavit of Tom Worman;

            The Applicant requests the National Archivist to send a certified copy of the following materiel that is not in the possession of the Applicant but is in the possession of the National Archivist to the Applicant and to the Registry:

(a)          all correspondence between the National Archivist and/or the National Archives and the Chief Statistician and/or Statistics Canada directly related to the custody and control of the Nominal Returns and Schedules for the 1906 Census of the Provinces of Manitoba, Saskatchewan and Albeerta, or microfilm copies thereof and what use may or may not be made of those documents or microfilm thereof.

February _5_, 2002

_____ (signed) _____

LOIS M. SPARLING
Solicitor for the Applicant