EXTRACTS FROM HANSARD -- PROCEEDINGS OF CANADA'S SENATE :

Debates of the Senate (Hansard)
2nd Session, 36th Parliament,
Volume 138, Issue 75
Tuesday, September 19, 2000
The Honourable Gildas L. Molgat, Speaker



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Statistics Act

National Archives of Canada Act
Bill to Amend-Second Reading

On the Order:

Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-15, to amend the Statistics Act and the National Archives of Canada Act (census records).-(Honourable Senator DeWare).

Hon. Mabel M. DeWare: Honourable senators, ever since Senator Milne introduced Bill S-15 in this house, she has been anxious for it to go to committee, so I am prepared to speak to it today. I am sorry she is not here, but I will take part in the debate on Bill S-15, which proposes to amend the Statistics Act and the National Archives of Canada Act as they pertain to census records. Bill S-15 lays the groundwork for the release of post-1901 census records. Right now, Canadian law dating back to the early 1900s requires that they be kept confidential and not be used for any other purpose. This guarantee of secrecy extends to the information that Canadians will be asked to provide for the 2001 census.

This bill would give researchers access to census records 92 years after the census. Bill S-15 would require all census data from before 1971 to be transferred from Statistics Canada to the National Archives for safekeeping. From there, the records could then be released to the public, subject to the Privacy Act.

Before getting into the nuts and bolts of the bill and sharing my personal thoughts, I wish to commend its sponsor, Senator Lorna Milne, for her hard work in drafting this legislation. Bill S- 15 is obviously the product of much research and consultation. I know she took great pains to achieve a balance among a variety of competing interests and concerns. Let us take a look at some of those concerns.

Clearly, census records can be vital research tools. They are useful for genealogists, medical researchers, people who want to learn more about their family history and, in some cases, entire communities. For example, our colleague Senator Chalifoux pointed out that having access to the census records of 1906 and later would enable the Metis nation to determine its lineage. As a result, there is a concern that continued lack of access to post-1901 census records creates a serious gap in Canada's historical record. Some people are also worried that those census records might end up being destroyed, and that would be a real shame.

I do not think anyone would argue with the fact that public access to these census records could have many benefits and that they should, at the very least, be properly conserved. Indeed, Bill S- 15 seeks to ensure that census records may only be destroyed or disposed of after they have been transferred to an alternative recording medium, and it reflects a belief that the records are of permanent historic and archival importance. However, these benefits must be weighed against another set of concerns, and those involve privacy and confidentiality.

Honourable senators, the information collected on individual census forms is wide-ranging. Some of the questions might be considered rather intrusive. Your answers to some questions are probably not things you would want your friends, neighbours or anyone else to know. Even after 92 years, when you might be dead and gone, your surviving family members might not want that information released either, but all of your answers to the census questions become part of a record in which you are clearly identified.

I will use myself as an example. I am 74 years old. I can assume that the 1901 census contains the individual identifiable records of my parents, grandparents and other close family. I do not expect the information contains anything terribly controversial, but one never knows. In some cases, the public release of such records might still have the potential to affect succeeding generations of a family even after 92 years have passed.

I know that Bill S-15 tries to address privacy concerns by amending the National Archives of Canada Act to provide for an objection process. The idea is that the National Archivist would accept written objections from individuals who wish their own census information to remain confidential and then, provided that its disclosure is found to be an unwarranted invasion of privacy, that information would not be released. That reminds me rather uncomfortably of negative-option billing. Under Bill S-15, people who participate in the census are deemed to consent to the release of their personal information unless they petition against it.

I am also intrigued by the fact that in order for an objection to be valid the National Archivist must receive it during the ninety-second calendar year following the year in which the census was taken. I would hazard a guess that not many people will be sending in written objections regarding their 1901 and 1906 census records - many of them are probably dead!

What also concerns me is that none of the people who took part in an early census knew that their records might one day be publicly released. After all, they answered the questions under a promise of secrecy. They were told that their information would only be seen by government workers and only used for the census itself. If the rules are changed now, it would be like all those people gave their personal information under false pretences. They also did not know that in the distant future there might be a way to prevent their personal information from being released.

Honourable senators, I believe there is an issue of trust here that must be examined fully when Bill S-15 goes to committee.

This bill also gives rise to another issue, which was mentioned by Privacy Commissioner Bruce Phillips when he appeared before the Committee of the Whole on May 30 - that is, the integrity of the census-taking process.

Because they are guaranteed that their answers will stay confidential, people who take part in the census have no reason to be anything less than truthful. Commissioner Phillips pointed out that a key intent of the legislation providing for the privacy and confidentiality of census records was to ensure that people provided full and accurate information. If the government cannot be certain it is receiving correct information, then I wonder how useful the results of any census would be. Again, this is a matter that should be explored in committee.

While I do have serious personal reservations about Bill S-15, I am pleased that it was introduced. Senator Milne has given us a golden opportunity to consider and to debate how privacy issues affect individuals and Canadian society as a whole. I welcome the contribution that this bill is making to the public debate regarding privacy issues, not only regarding census records, but in a wider sense as well.

Hon. Nicholas W. Taylor: Honourable senators, would the Honourable Senator DeWare entertain a question?

Senator DeWare: Of course, honourable senators.

Senator Taylor: When Mr. Phillips appeared before us, I asked him a question on this issue because I am concerned about privacy and I am trying to work out an accommodation with those who want to look into the past. After all, there are those of us who might find out things that we do not want to find out.

When Mr. Phillips was here, I suggested to him that perhaps the questions could be split in the next census; that is to say, we could have one set of questions sealed forever, as is the case now, while the other questions could either be kept secret forever or made public 20 years or 25 years from the date of the census. Would that make the honourable senator feel better in terms of the way census information is collected?

Senator DeWare: The honourable senator is suggesting that the census be divided into two sections. Alternatively, people could be asked directly if they agree to have their information made public after a certain length of time. If they answered in the affirmative, then the information could be put into a separate file. The question needs to be asked of the public when the census is taken. That is very important.

Senator Taylor: Honourable senators, I thank Senator DeWare for her answers. It is my intention to introduce an amendment to the Census Act.

Senator DeWare: The honourable senator can suggest that if he wishes.

The Hon. the Speaker pro tempore: Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

Motion agreed to and bill read second time.


Referred to Committee

The Hon. the Speaker pro tempore: Honourable senators, when shall this bill be read the third time?

On motion of Senator Hays, bill referred to the Standing Senate Committee on Social Affairs, Science and Technology.