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POST 1901 CENSUS PROJECT
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Senators Correspondence Log

Name:
Nick G. Sibbeston Sitting on the Fence

Political Party:
Liberal

Province:
North West Territories

Senatorial Division:
North West Territories

Telephone:
(613) 943-7790

Fax:
(613)

Email:
sibben@sen.parl.gc.ca

Website:

Address:
Senate of Canada, Ottawa, Ontario, K1A OA4


09/21/2002 - email to Senator Nick G. Sibbeston from Vince Hunter.
    From: Vince Hunter
    To: Larry Bagnell, MP; Ione Christensen, Sen.
    Cc: Willie Adams, Sen; Ethel Blondin-Andrew, MP; Nick Sibbeston, Sen; Nancy Karetak-Lindell, MP
    Sent: Saturday, September 21, 2002 4:45 PM
    Subject: Fw: Post 1901 Census - A Summary

    With the Proroguing of the current session of Parliament, new bills will have to be reintroduced for a third time for the release to the public of the Post 1901 Census. I hope your interest in having the Census released to the National Archives will result in your support of these new bills.

    I include a summary of the Post 1901 Census oddyssey below to refresh your memory.

    Yours sincerely,

    Vincent Hunter, vinceh@internorth.com
    Yukon Member,Canada Census Committee
    Whitehorse, Yukon

    -------Original Message-------
    From: "Gordon A. Watts"
    To: "Canada Census Campaign"
    Sent: Saturday, September 21, 2002 6:09 PM
    Subject: Post 1901 Census - A Summary

    Greetings All.

    A number of people have asked for a point by point summary of the Post 1901 Census issue. Because of this I have compiled the following Summary. Feel free to circulate it to those you feel will be interested. It will shortly be included on the Post 1901 Census Project website which, I am happy to say after the problems of the past few days, is once again accessible.

    Happy Hunting.

    Gordon A. Watts gordon_watts@telus.net
    Co-Chair, Canada Census Committee
    Port Coquitlam, BC

    http://globalgenealogy.com/Census
    en français http://globalgenealogy.com/Census/Index_f.htm

    Permission to forward without notice is granted.

    ***********************************

    Post 1901 Census Issue Summary

  • 235 years of Census records, from the first Census of New France in 1666, up to and including the 1901 national Census of Canada, currently reside in the National Archives of Canada and are accessible to any person or body for purposes of research.


  • Clauses in the Access to Information and Privacy Acts make specific provision for public access to 'personal' information contained in Census 92 years after collection.


  • The National Archives of Canada Act provides that the National Archivist shall determine what records of government are of historical or archival value and that shall be deposited in the National Archives.


  • The National Archivist, Ian E. Wilson, has determined that records of Historic Census do have historical or archival value and are, in fact, a National treasure. He has formally requested Statistics Canada to turn control of the 1906 Special Census of the Western Provinces (Alberta, Saskatchewan and Manitoba) over to his control.


  • Statistics Canada (i.e. Chief Statistician Dr. Ivan P. Fellegi) refuses to turn control of Historic Census records after 1901 over to control of the National Archivist of Canada.


  • The rational for this refusal is based on misinterpreted legislation and Instructions to Officers and Enumerators of Census going back as far as 1905, and Statistics Canada's claim that a 'promise' was made to the people of Canada that confidentiality of Census was perpetual.


  • Statistics Canada has been unable to provide a single piece of documented evidence that a 'promise' of 'confidentiality of Census in perpetuity' has ever been made. It does not exist!


  • In November 1999, then Industry Minister John Manley appointed an Expert Panel to study and make recommendations regarding public access to Historic Census Records. Their report, finally made public 15 December 2000, found no evidence that legislators of the day intended that records of Census were to remain confidential for all time. They recommended allowing public access to all Census records, past, present and future, 92 years after collection. They urged caution only in the method by which records from 1918 to 2001 were made available.


  • In making the Report of the Expert Panel on Access to Historical Census Records public, then Industry Minister Brian Tobin discounted the recommendations contained therein, claiming that 'further broad-based consultations with all Canadians' was required. He stated these consultations would take place with already mandated reviews of the Access to Information and Privacy Acts.


  • The review of the Access to Information Act took place and the report released with no mention of public access to Historic Census records - it was not part of their mandate. A review of the Privacy Act is not expected to be completed within three years, and access to Census is likewise not included in the mandate of those expected to review it.


  • In December 2001 and January 2002 a series of Town Hall Meetings and Focus Groups were conducted across Canada. Of 157 presenters at the Town Hall Meetings, 151 were fully supportive of unrestricted public access of all records of Census, 92 years after collection, in accordance with current legislation.


  • Each of these 151 presenters likewise rejected the so-called 'compromise solution' being pushed by Statistics Canada as being too restrictive in who might access the records, what information might be accessed and what might be done with information retrieved.


  • The 'compromise' does not do what it is proposed to do. It would be excessively expensive to set up and maintain, and would be a bureaucratic nightmare to administer. It would prevent access for the greater portion of the Canadian population that do not live within reasonable travel distance to a government office holding copies of the Census records.


  • Instructions to Officers and Enumerators of Census from at least 1901 to 1946, having the Force of Law, contain clauses that state that records of Census "have value as a record for historical use", that "The census is intended to be a permanent record", and "its schedules will be stored in the Archives of the Dominion." If any 'promise' was made to the people of Canada regarding Census it was this.


  • On 5 March 2002, Calgary lawyer Lois Sparling, on behalf of the Canada Census Committee and many thousands of genealogists and historians, submitted an Application for Judicial Review to the Federal Court of Canada. The purpose of this Application is to obtain a Writ of Mandamus to compel the Chief Statistician of Canada to turn control of 1906 Census schedules over to the National Archivist. It was later modified to include a request for certain declarations relating to public access of these records. At the time of writing the legal action is proceeding more or less as expected.


  • To date (September 2002), more than 55,000 signatures have been sent to Ottawa seeking to regain public access to Post 1901 Census records on the same basis as records up to and including 1901 are currently available.


  • There is still a requirement for signatures on petitions (downloadable from the Post 1901 Census Project website), and for letters to be sent to MPs and Senators seeking their support for access. With an expected proroguing of the current session of Parliament on 30 September 2002 all Bills and Motions (including Bill S-12) will cease to exist. It is expected that Senator Lorna Milne and MP Murray Calder will immediately re-introduce their Census Bills. This will be the third time our Bills have been started from scratch. It is therefore essential that we continue to reinforce our desire for access with our elected and appointed representatives.

09/06/2002 - letter from Senator Nick Sibbeston to Vincent Hunter.
    September 6, 2002

    Mr. Vincent Hunter
    Whitehorse, Yukon

    Dear Mr. Hunter,

    Thank you for your recent correspondence regarding Bill S-12, an Act to amend the statistics Act and the National Archives of Canada Act, concerning the disposition of census records.

    I personally got involved in family research a short while ago and I know how crucial it is to be able to have access to historical resources. Please rest assured that I have read with interest the Toronto Star article you have included with your correspondence and that I have duly noted your comments. I will take them into consideration when this issue is raised again in the Senate.

    Again, thank you for taking the time to share your views with me. Please accept my best regards.

    Yours sincerely,

    Senator Nick Sibbeston

08/28/2002 - letter to Senator Nick G. Sibbeston from Vince Hunter.
    August 28, 2002

    Hon. Nick G. Sibbeston, Senator
    The Senate of Canada
    Ottawa, Ontario K1A 0A4

    Dear Sir:

    It has come to my attention that you are one of the very few Senators that have not responded to the following question:

    “Would you, as a member of the Senate of Canada, representing the interests of the constituency to which you were appointed, vote FOR or AGAINST a Bill supporting the release to the public of Post 1901 Census Records after 92 years, starting with the 1906 Census?”

    I would like to get your personal answer to that question as soon as possible.

    I could throw a lot of rhetoric at you making my case, but instead, I enclose a copy of a recent article written for the Toronto Star describing the great need for the 1906 Census release. It explains the entire situation very well.

    Senator Lorna Milne’s Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act (census records) is now before the Senate and should come up for a vote sometime in October, 2002. This Bill would transfer control of the Post 1901 Census Records to the National Archives for subsequent public access, 92 years after collection.

    I do hope you answer in the affirmative as I and close to 8 million family historians pray for the release of those Post 1901 Census so that we can complete the family “Tree” for our future families.

    Thank you for reading and responding to this letter.

    Sincerely,

    Vincent Hunter
    Yukon Member, Canada Census Committee
    Whitehorse, Yukon

04/05/2002 - letter from Senator Nick Sibbeston to Muriel M. Davidson.
    April 5, 2002
    Ms. Muriel M. Davidson
    Co-Chair, Canada Census Committee
    Brampton, Ontario

    Dear Ms. Davidson,

    Thank you for your recent correspondence regarding Bill S-12, an Act to amend the statistics Act and the National Archives of Canada Act, concerning the disposition of census records.

    I personally got involved in family research a short while ago and I know how crucial it is to be able to have access to historical resources. Please rest assured that I have duly noted your comments and that I will take them into consideration when this issue is raised in the Senate.

    Again, thank you for taking the time to share your views with me. Please accept my best regards.

    Yours sincerely,

    Senator Nick Sibbeston

03/18/2002 - letter from Senator Nick G. Sibbeston to Robert Wiffin. While the Honourable Senator appears to lean in the direction of support, he stops short of giving a definitive answer. He is therefore awarded a fence indicating a non-committal response.
    March 18, 2002

    Mr. Robert Wiffin
    Ancaster, Ontario

    Dear Mr. Wiffin,

    Thank you for your recent correspondence regarding Bill S-12, and Act to amend the statistics Act and the national Archives of Canada Act, concerning the disposition of census records.

    I personally got involved in family research a short while ago and I know how crucial it is to be able to have access to historical resources. Please rest assured that I have duly noted your comments and that I will take them into consideration when this issue is raised in the Senate shortly.

    Again, thank you for taking the time to share your views with me. Please accept my best regards.

    Yours sincerely,

    Senator Nick Sibbiston

10/04/2001 - email to Senator Nick G. Sibbeston from Sharon Walker.
    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

09/29/2001 - letter to Senator Nick G. Sibbeston from Marg MacDonald.
    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

07/01/2001 - letter sent to all Senators by Gordon A. Watts.
    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:
    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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