| Name: | Michael Kirby |
| Political Party: | Liberal |
| Province: | Nova Scotia |
| Senatorial Division: | South Shore |
| Telephone: | (613) 992-2976 |
| Fax: | (613) 992-0172 |
| Email: | fillia@sen.parl.gc.ca or maclej@sen.parl.gc.ca |
| Website: |
| Address: | Senate of Canada, Ottawa, Ontario, K1A OA4 |
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11/04/2004 - email from office of Senator Michael Kirby to Adele Turner. From: McCreery, Christopher: SEN [mailto:MCCREC@SEN.PARL.GC.CA] Dear Miss Turner: Many thanks for your letter regarding Census Records. Senator Kirby asked that I e-mail you about your concerns. Are you aware that legislation has been introduced in the form of Bill S-18, An Act to Amend the Statistics Act? This was introduced on 2 November.I have attached a copy of the bill and can fax you a copy of the press release related to it. This Bill is SIGNIFIACNTLY different than the old S-13. The Bill will allow for censuses taken between 1911 and 2001 to be accessed 92 years after the census has taken place. Starting in 2006, Canadians will be able to decide if they will allow their personal census information to be released publicly after 92 years. Individual census records would be released only when consent is given. The Bill also provides for Parliamentary review after two censuses. I believe that this will solve the current problem. As a fellow historian I am glad to see that so many people have taken a keen interest in this subject. With all kind regards, Christopher McCreery, PhD 12/17/2001 - email from office of Senator Michael Kirby to Muriel M. Davidson.
To: Muriel M. Davidson Sent: Monday, December 17, 2001 10:12 PM Subject: Bill S-12 Dear Ms. Davidson; On behalf of Senator Kirby I want to let you know that the Standing Senate Committee on Social Affairs, Science & Technology (which Sen. KirbyChairs) sent Bill S-12 (Sen. Milne) back to the floor of the Senate without amendment. Senator Kirby wanted me to assure you that he fully supports this bill and he has done everything in his power as a Committee Chair to ensure its passage through the Senate. Kindest Regards, Jeffrey MacLeod, Special Assistant to the Honourable Michael J.L. Kirby 10/04/2001 - email to Senator Michael Kirby from Sharon Walker.
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 09/29/2001 - letter to Senator Michael Kirby from Marg MacDonald.
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 09/25/2001 - letter to Senator Michael Kirby from Robert Wiffin.
Senate Standing Committee on Social Affairs, Science and Technology, Parliament Buildings, Ottawa, Ontario. Dear Senator Kirby: I am writing to you today to urge you to suppport Bill S-12 for release of the 1906 and subsequent Census records to the public. As an amateur genealogist, I am particularly interested in the 1911 Census to resolve conflicts in the records of my grandparents contained in the 1891 and 1901 Censuses. As you are aware, the purpose of Bill S-12 is not to create some new function but rather to RESTORE access to the Census records. This access has been denied to the public, not by an Act of Parliament, but by a LEGAL OPINION from the Justice Department which claims that a promise was made of non-disclosure in perpetuity. Mr. Gordon Watts, who appeared before your committee, has done extensive work in searching the parliamentary records for evidence of this promise but was unable to find any supporting evidence. Nor have the supporters of the non-disclosure position been able to produce any evidence to support their stand. The Expert Panel, which was formed by the previous Liberal government to look into the issue, was also unable to find any supporting evidence and recommended that the Census records should be released. There is no record of any complaint regarding the release of Census information 92 years after collection. There are, however, thousands of signatures on petitions presented to the House of Commons and the Senate calling for the return to release of the Census to the public after 92 years. The United States of America and the United Kingdom both have legislation which releases Census records to the public. For the U.S., the time delay is 72 years and in the U.K. it is 100 years. However in both places there is considerable activity aimed at making the Census records more readily available. In the U.S., the entire 1900 Census has been indexed and is available over the internet after payment of a fee to the private company that put it on line. It is time to stop the foot-dragging and I urge you again to support Bill S-12. Yours truly, Robert Wiffin Ancaster, Ontario, L9G 3B5. 09/25/2001 - letter to Senator Michael Kirby from Frank McKerry.
To: Michael Kirby, SEN: Sent: Tuesday, September 25, 2001 1:54 PM Subject: Release of Canadian Census Bill S-12 Hon. Sen. Michael KIRBY. Sir: It is noted that you are undecided on how you will be voting on Bill S-12 the release of the Canadian Census to Archives Canada. Many thousands of families are awaiting the release of these documents so that they can trace their ancestors who pioneered this great country Canada. We urge you Sir, please vote YES to Bill S-12. Respectfully Frank McKerry Vernon, BC 09/19/2001 - letter to Senator Michael Kirby from Frank McKerry.
As a member of the Senate Standing Committee studying Senator Lorna Milne's Bill S-12 to release the Canadian Census, and then voting in the Senate on this bill, we urge you to vote YES and pass this Bill. Thousands of families are trying to trace their ancestors that pioneered this great country. The only true facts are contained in these Census and are the only link for us. Please do all possible to get the Bill passed. Respectfully Frank McKerry Vernon BC 09/01/2001 - letter to Senator Michael Kirby from Lauralene Van Loon.
September 10, 2001 Honourable Senator Michael Kirby, Committee Chair Senate Standing Committee on Social Affairs, Science and Technology Parliament Buildings, Wellington Street Ottawa, ON K1A 0A4 Senator: I must write to you reading my concerns with the lack of progress and runaround that Canadians have received with regards public access to Historic Census Records in Canada. Neighbours, colleagues and family members who supported my petition for release of the Post 1901 census records are as stymied as I am as to the sluggish movement regarding the Bill that would move the issue along. These voters in Ottawa, Saskatoon, Peterborough and areas of Nova Scotia have a keen interest in their families' histories. Interest arises from medical, cultural and historical fact-finding. Petitions have once again been collected and forwarded to your Standing Committee since the last election. I can only hope that this personal communication with you will highlight my hope for your support of Bill S-12 so that passage of the bill will proceed quickly. I look forward to your reply. Lauralene Van Loon 06/15/2001 - email sent to Senator Michael Kirby by Patricia Corney.
To: Senator Michael Kirby Sent: Friday, June 15, 2001 5:32 PM Subject: Release of Post 1901 Census Senator Michael Kirby: I am the daughter of a Canadian father, whose family emigrated to Canada from the Isle of Wight in 1878 and from the United States in 1901. The need for the census for me, is to find my Great Great Grandmother, Great Uncle and his family in Toronto, Ont. To find children of Great Niece and Nephew, which I have been unable to find through the resources available today. My grandmother and her sister were British Home Children arriving in Canada in 1909 and 1908 respectively. I became interested in the British Home Children and would like to see this census released for the ancestors of these children. Most descendents do not know that their ancestor[s] were British Home Children and remain unclaimed on the National Archives of Canada and the British Home Children database, so loving cared for by Perry Snow and his daughter. As the son of an British Home Child, he has set up a database and the British Home Children Mail List. Without this information and the helpful decendent of BHC's on the mail list, I would still be looking for information on my Grandmother and Great Aunt. These children have the right to have their voices heard by the government and should be a large part to have the cenus of 1911 and future census released so that they may be traced and claimed by their families. I thank you for reading this email and hope you will support the release of the Post 1901 Census and all future census' at the appropriate intervals. Very truly yours, Patricia Corney Quakertown, PA USA Granddaughter of Elsie Eliza A. BERRY, BHC-1909 Great Niece of Rose Lucy E. BERRY, BHC-1908 Friend of Cluny McPHERSON, BHC, 1903 IOWFHS #1334 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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