| Name: | Gerard A. Phalen |
| Political Party: | Liberal |
| Province: | Nova Scotia |
| Senatorial Division: | Nova Scotia |
| Telephone: | (613) 996-4680 |
| Fax: | (613) |
| Email: | phalen.g@sen.parl.gc.ca |
| Website: |
| Address: | Senate of Canada, Ottawa, Ontario, K1A OA4 |
03/21/2002 - letter from Senator Gerald A. Phalen to Lyn Duncan. A similar response was received by Robert Wiffin.
Dear Mrs. Duncan: Thank you very much for your letter of March 9, 2002 in which you bring to my attention your support of Senator Lorna Milne's Bill S-12 (an Act to amend the Statistics Act and the National Archives of Canada Act, concerning the disposition of census records). As you may know, the Standing Senate Committee on Social Affairs, Science and Technology studied this legislation and reported the bill back to the Senate on December 14, 2001 without amendment. I look forward to the debate on this legislation and would like to assure you that I will bear in mind your views when the legislation comes before the Senate for voting at third reading. Yours truly, (signed) Gerard Phalen Senator 07/01/2001 - letter sent to all Senators by Gordon A. Watts.
Greetings. You may be aware that in the past several years a great many Canadians have been seeking to regain public access to Historic Census Records, 92 years after collection, as allowed by Regulations attached to the Privacy Act. Public access to Census Records after 1901 is currently prevented because of misinterpreted legislation and faulty legal opinions from Justice Canada that cause Statistics Canada to withhold control of these records from the National Archivist. In November of 1999, then Industry Minister John Manley commissioned a panel of experts to study and make recommendations relating to public access to Historic Census Records. Their Report was submitted at the end of June 2000. It was finally made public, because of an Access to Information Request, on 15 December 2000. Current Industry Minister Brian Tobin, on releasing the Report of the Expert Panel on Access to Historic Census, rejected the recommendations contained therein, stating that “further broad based consultation with all Canadians” was required. It is the considered opinion of this writer that Mr. Tobin has likely not even read the Report of the Expert Panel, and is taking his direction from Chief Statistician Dr. Ivan Fellegi, who opposes public access to these records. I urge each of you to read for yourself the findings of the Expert Panel on Access to Historic Census Records. It is available in hard copy, or accessible on the Statistics Canada website at: http://www.statcan.ca/english/census96/finalrep.htm en français http://www.statcan.ca/francais/census96/finalrep_f.htm 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 advised caution only 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. This message is being sent to all Members of the Senate of Canada to ask for individual responses to a specific question regarding how you would vote on a Bill supporting public access to Historic Census Records. An example of such would be Bill S-12, presented to the Senate by the Honourable Lorna Milne. Bill S-12 has received second reading and has been referred to Committee. Bill C-312, identical to S-12, has been presented to the House of Commons by MP Murray Calder. The Question: “Would you, as a Member of the Senate 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.)” A website dealing with Post 1901 Census has been posted at http://globalgenealogy.com/Census Among other things, it contains an explanation of the problem, petitions to download, links to various submissions to the Expert Panel, Bills and Motions relating to Historic Census, extracts from Hansard for the House of Commons and the Senate, and to columns written by myself that have been published in the Global Gazette -- an e-magazine published by Global Genealogy. The website also contains ‘Scoreboards’ showing the position of MPs and Senators relating to the above question. Your response (or lack thereof) to the question above will be recorded on the Senator’s Scoreboard located on this website. Should you wish to comment, or elaborate on your position, a correspondence log for each Senator is accessible from the Scoreboard. Correspondence to or from you that has been forwarded to me, will be recorded in this log. The Post 1901 Census web site is sponsored by The Global Gazette, an online magazine serving the genealogical and heritage community. A vast number of e-mails and calls from subscribers and web site visitors, clearly demonstrates that this issue is extremely important to them. I look forward to your early reply. Thank you. Sincerely, Gordon A. Watts gordon_watts@telus.net Co-Chair, Canada Census Committee |
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