| Name: | Terry Stratton |
| Political Party: | Conservative |
| Province: | Manitoba |
| Senatorial Division: | Red River |
| Telephone: | (613) 947-2224 |
| Fax: | (613) |
| Email: | stratt@sen.parl.gc.ca |
| Website: |
| Address: | Senate of Canada, Ottawa, Ontario, K1A OA4 |
12/02/2004 - The following extract is from Hansard Senate Debate on Bill S-18 on 2 December 2004. It is obvious from his comments during this debate that Senator Terry Stratton opposes public access of Historic Census records. Emphasis has been added.ORDERS OF THE DAYStatistics Act
On the Order:
Hon. Terry Stratton (Deputy Leader of the Opposition): Honourable senators, I would like to comment briefly on Senator Lynch-Staunton's speech of yesterday with respect to the e-mails that have been forthcoming from those in favour of the bill and the misinformation contained in them — not all of them, but a significant number of them. Not only did Senator Lynch-Staunton receive those e-mails, but I did as well. The honourable senator has a right to be a little upset because he knew nothing about the fact that there may or may not have been another private member's bill tabled. He has a right to be upset and shocked at that kind of behaviour. On the other hand, I was just disappointed. I understood where it was coming from. I want to begin by identifying myself with the statements made previously in this debate by Senator Comeau, who I believe gave an excellent speech with respect to this bill. I am fundamentally opposed to this bill at this stage. What does this short bill mean? It has only two clauses. Having been introduced by Senator Milne as a private senator's bill a few Parliaments ago, it now comes before us as a government bill. It allows for the release of historic census records, without condition, 92 years after the date of the census. It also contains provisions to authorize Statistics Canada to seek permission from Canadians to deposit their individual census records at the National Archives building of Canada for further research purposes. The issue of confidentiality of census information was canvassed in two legal opinions alluded to by Senator Milne in her speech in support of this bill. As I understand it, it was on the basis of these legal opinions that the results of the 1906 census records were released to the National Archives. This bill is designed to allow release of data from 1911 to 2001 to the National Archivist on the ninety-second anniversary of each census. The National Archivist is then given permission to grant access to this information. However, as Senator Comeau has pointed out, this, despite the legal opinion, seems to be quite a departure from the present law and the confidentiality clauses contained in the census forms filled out by Canadians from 1911 to the present. Section 17 of the Statistics Act as presently written indicates that there is a "prohibition against divulging information," and section 18 states that information given on the census form is deemed to be privileged. Looking at the census form, it seems clear, at least to a non-lawyer like myself, that a statement relating to Statistics Canada and stating that "no one outside the agency can have access to your identifiable information" means no one gets the information, with no time limit on that undertaking. The form goes on to say "confidential when completed" and "confidentiality of your census questionnaire is protected by law," which again seems fairly straightforward. It does not say, "protected by law until the law is changed" or "confidential until we say different." No, those who have filled out these forms were comforted and guided by the fact that they believed that the completed forms would be kept secret — perhaps used in a generic way to help government track down trends in society, but not in a way that would result in its public release. If the government wanted to make this information public, they should change the law now, but change it for future census years and future census forms. One of the greatest hallmarks of law is that it is to be predictable and non-retroactive. This legislation breaks both of these conventions. It brings unpredictability to bear on a subject of immense personal privacy. It also changes the law in such a way as to have a retroactive effect. We have all argued in this chamber against this type of legislation in the past, and we should take a stand against it again in relation to Bill S-18: no retroactivity. Bill S-18 also retroactively breaches one's entitlement to the protection of privacy. Those who filled out these forms, even those who did so 92 years ago, before we ever talked about the crystallization of a right to privacy, believed their information should not be divulged. We in this chamber should respect the understanding of those who in 1911 filled out census forms. Senator Comeau asked: Are there consequences for breaking promises made long ago? I believe there are. We are continually told that those who are involved in politics are held in low esteem by the public. We are also told of public apathy at election time. What type of examples are we setting for the public at large if we can so easily ignore promises made to fill out these forms so many years ago? We, as legislators in Canada's national Parliament, hold our power and authority as a sacred trust given to us by the people of Canada. If we are to exercise that trust in such a way as to violate rights set out so long ago, I believe we are actually breaking that trust as we act to take away rights, the rights of privacy and confidentiality, and that we are feeling this apathy and disrespect for politics which is so rampant in Canada today. Honourable senators, this is not a good bill and should not pass this chamber. I look forward to our committee discussions, which I believe should focus on our duty to uphold promises made long ago in an effort to ensure that rights conferred are not taken away. In closing, I look at this bill particularly in light of today's world. We have all kinds of information on the importance and the significance of individual privacy, as reflected in Senator Oliver's bill on controlling spam and other bills coming forward to protect individual privacy, and yet Bill S-18, totally disregards promises made to maintain that privacy. That is wrong. Hon. Noël A. Kinsella (Leader of the Opposition): Honourable senators, I have listened carefully to the debate and will be adding my comments next week. On motion of Senator Kinsella, debate adjourned. 11/18/2004 - email from Senator Terry Stratton to Muriel M. Davidson. From: "Stratton, Terrance R.: SEN" Madame We shall move the bill through the Senate as expeditiously as possible. -----Original Message----- To Senator Terry Stratton -- Red Deer, Manitoba Dear Sir:- At long last, Bill S-18 has been introduced by the Deputy Leader of the Senate and sponsored by a personal from Brampton, ON -- Senator Lorna Milne. I learned way back in late 1980s there could be trouble with the release of the 1911 and later census records. My activity with the Canada Census Committee started in March, 1999, although I had been working privately prior to that. As a Conservative, and I generally do not state this, I am sincerely hopeful you are assisting Senator Lorna Milne in every way you are able to do. We need the census released to find lost family members, more Home Children brought to Canada from England, and above all, the 1911 census enumeration was the last one prior to World War One, from which many did not return. I have learned the problem why so few Home Children have been identified -- they were enumerated with the surname of the family with whom they were living. In my FARQUHAR family, we had one Home Child, but my grandfather insisted he receive his own name. At present your personal message board show a Green symbol meaning undecided or answered by an assistant. http://www.globalgenealogy.com/Census/Score2.htm#MB The shining GOLD symbol of support would be of great assistance -- and I hope you are assisting Senator Milne. Muriel M. Davidson muriel_davidson@sympatico.ca 10/23/2001 - letter from Senator Terry Stratton to Frank McKerry. First inclination on reading this was to award a Red X of opposition. On second reading it was felt more suitable to award a Fence indicating a non-committal response.
Mr. Frank McKerry Vernon, BC Dear Mr. McKerry: Thank you for your letter of Octorer 12th expressing your concerns about Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act. I would agree with you concerning access to this information (census data), however, I believe that my great-grandfather would have concerns about providing information about his personal life. It appears that, if the information was intended to be made public, there would have been provisions to doso, and people could have reacted accordingly. Apart from that concern, I will try to keep an open mind on this issue. I trust that you will respect that concern. Yours truly, Terry Stratton 10/04/2001 - email to Senator Terry Stratton 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 Terry Stratton 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 09/22/2001 - letter to Senator Terry Stratton from Lyn Duncan.
Bill S-12, now before the Senate will have an effect on everyone in our families wanting to reasearch these files at some time. It should be (and I believe very strongly) that it IS our right to access thisinformation from 'our' National Archives. Please take a few moments to read what I have to say in hopes that youwill reconsider the importance of this issue, what it means to CanadianHistory & persons researching their family roots in Canada. May we all stand united on this very important issue. Please vote YES for release of the Census to "our" National Archives from Stats Canada, as in the past 235 years we family researchers have had access to these most valuable records (after 92 years). The refusal to comply with the recommendation of the panel to do so has a personal effect on my research. I have my family tree from 1851.... Russia to USA, but now have no way of knowing when they came to Canada. The family has so far only been able to guess..... not good enough!! We need proof. Many members of my family have different dates, which leave us all in a quandary. My children want me to complete this & I want to also. They do not know the names of the relatives as I do. I believe I (WE ALL) owe it to our children to know where the previous generations were, for our personal history & that of Canada. I cannot locate Canadian members in the 1901 census, but obituaries show they were in Alberta in 1905 & died either in 1911 (as some say) or 1919 as others say. Although this is just one of many people's stories I hope you will consider this matter seriously & vote 'yes' for Bill S-12 ~ please for the sake of our heritage of this very young country & for generations to come, again I plead for your support with a 'yes' vote. How can we instill in our children "Pride in Canada" without showing them how their ancestors pioneered this land? Thank you I sign this with great respect, Lyn Duncan White Rock, BC 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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