03/23/2005 - Since his appointment to the Senate, Senator J. Michael Forrestall has never responded to our questions of his position regarding public access to Historic Census records, 92 years after collection. On 23 March 2005 however, during Third Reading debate of Bill S-18, he voted in favour of an amendment that would have the effect of preventing all public access to any records of Census from 1918 to 2005. On that basis, he has been awarded a Red X of Opposition. Should he feel this is not representative of his position we would be happy to change it. All he need do is contact us to advise what his true position is. GAW

From: Adele Turner
Sent: Wednesday, September 04, 2002 10:06 AM
To: J. Michael Forrestall, Senator
Subject: How do you plan on voting this important issue? A simple "YES" or 'NO" will suffice.

I would like to know how you stand on the Release of the Post 1901 Historic Census? You have never declared yourself in regards to this extremely important issue. Many of us that are concerned about our Canadian history, fear that it will all be lost due to some poor decisions made by our short sighted politicians.

I would like to know if you are just another politician that is spouting the "privacy" rhetoric. Besides whose privacy are you trying to secure? IT CERTAINLY CAN'T BE A MAN 87 YEARS OLD MAN (who is my father) BECAUSE HE WASN'T EVEN BORN IN 1911. There really isn't any logic in the present thought process of destroying our history.

This is OUR heritage....it belongs to ALL Canadian people who built this country and no one should deny us our links to OUR OWN PAST! Remember that we judge the greatness of past civilizations by the written records left for posterity and condemn those countries as 'backwards' that have left nothing for history. Please tell me in what category will Canada be recognized for in generations to come?

Present and future genealogists, and those that are unborn, are relying on our good judgment and our insistence to save our history. We must not disappoint ALL future generations of Canadians. PLEASE LISTEN TO YOUR FELLOW CANADIANS......SAVE THE POST 1901 CANADIAN CENSUS FOR ALL FUTURE GENERATIONS!

Adele J. Turner
North Vancouver, BC

Dear Senator:

I am interested in researching my family's history and wish to gain access to the 1911 and subsequent census records. It has been estimated that there are some 7.5 million plus Canadians involved in Genealogical research. These citizens, in their quest for their past, for their Canadian heritage, depend heavily upon the information provided in Census reports. Under current legislation, post 1901 Census reports will not be released to the Public after 92 years, as have been Census reports up to and including 1901. I am aware that Statistics Canada will not transfer these records to the National Archives because they claim it would violate Section 17 of the Statistics Act. Strong representations have been made to Mr. Tobin's office as minister in charge of Statistics Canada to change the legislation that controls release of the census.

I have recently learned that there are two alternatives to correct this undesirable situation. The first alternative is to introduce retroactive legislation to permit the release of all census records once they are 92 years old, as now provided for in the privacy regulations. The second alternative is to change the legislation to permit the release of census records STARTING WITH THE 2001 census. The second alternative is completely unacceptable as it would prevent researchers from viewing any census records falling between the years 1911 and 2001. The 92-year-rule gives more than adequate privacy protection to citizens enumerated in the census.

In the past two years, many of those 7.5 million plus voters, including myself, have sent numerous letters and email to their local Members of Parliament, Government Ministers, and Senators expressing their dismay with, and opposition to, this legislation. We have requested the legislation be amended to allow release to the Public of Census records after 92 years, starting with the 1911 Census.

I write to ask the following question: would you vote FOR or AGAINST a Bill supporting release to the Public of Post 1901 Census Records after 92 years, starting with the 1906 Census? I respectfully request and strongly urge you to support the retroactive legislation to permit the release of the 1911 and subsequent census records.

I await your answer to this question at your earliest convenience.

Sharon Walker

Dear Sir:

I am aware that you are 'UNDECIDED' regarding the release of the 1906 and subsequent Census records to the public.

As a Canadian citizen, I do support the recommendations of the Expert Panel on Access to Historical Census Records, and I encourage you to take a strong stand on BILL S-12, which will allow the publishing of the post 1901 Census records and any future census records as well.

I have been researching my families' roots for many years. Without records such as the Census' being available for all to review, it make the search very difficult, if not impossible. These particular census are especially vital to my research and I'm sure to many others, since huge number of our forefathers immigrated during this period.

The Expert Panel acknowledges that these records are important and says they should continue to be made available.

I strongly urge you to support Bill S-12, making the information available to future generations of Canadians.

If you have bery good reasons why you cannot support this Bill, I would appreciate knowing what they are. Thank you.

Respectfully,

Marge MacDonald
Maple Ridge, BC

Honourable Sir or Ms.

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