| Name: | The Hon. David Anderson |
| Political Party: | Liberal Party of Canada |
| Constituency: | Victoria |
| Province: | British Columbia |
| Telephone: | (613) 996-2358 |
| Fax: | (613) 952-1458 |
| Anderson.D@parl.gc.ca or anderd@parl.gc.ca |
| Address: | House of Commons, Ottawa K1A OA6 |
| Constituency Address: | 970 Blanshard Street Victoria, British Columbia V8W 2H3 Tel: 250-363-3600 Fax: 250-363-8422 |
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09/01/2004 - letter sent to MP David Anderson from Gordon A. Watts 29 August 2004 Hon. David Anderson Dear Mr. Anderson Congratulations on your recent election as a Member of Parliament. To have the trust and respect of those who voted for you is a great honour. Members who have been re-elected will be aware of an issue affecting a great many Canadians that seek their personal ancestry through research of Historic Census records. Newly elected Members may not yet be aware of this issue. It has been estimated that in excess of 7.5 million Canadians have an interest in genealogy and family history. These individuals seek to regain the same public access, with no added conditions or restrictions, to 92-year-old records of Census after 1906 that is currently available for 240 years of Census records up to that time. Access to Census records after 1906 is prevented at this time because of the (believed illegal) policy of a federal civil servant - Dr. Ivan P. Fellegi - Chief Statistician of Canada. The Library and Archives of Canada Act (and it's predecessor) has designated to the Librarian and Archivist the authority to determine what records of government are of archival or historical value and that shall be deposited in the National Library and Archives. Librarian and Archivist Ian E. Wilson determined that schedules of Census have archival and historical value. He declared them to be a National Treasure. He requested the Chief Statistician to return care and control of the records in question to his authority. Dr. Fellegi denied that request. The Access to Information and Privacy Acts, and Privacy Regulations, make specific provision for personal information collected through Census or Survey to be made available to any person or body for purposes of research, 92 years following collection. The legislation assumes these records to be under the care and control of the National Archivist. By refusing to return care and control of the records in question to the Librarian and Archivist for subsequent public access the Chief Statistician has acted in deliberate contravention of the Library and Archives of Canada Act, the Access to Information Act, and the Privacy Act. He has usurped the authority of the Librarian and Archivist to determine what governmental records are of archival or historical value and that shall be deposited in the Library and Archives of Canada. In dictating policy instead of following policy determined through legislation passed by Parliament he has usurped the authority of that body. Do you believe that any Federal bureaucrat, regardless of how highly placed or regarded, is above the Laws of Canada? Do you believe that a civil servant has the power to dictate policy that contravenes legislation passed by the Parliament of Canada? The Access to Information and Privacy Acts are complementary Acts born of the same Bill debated and passed by Parliament. Do you believe the parliamentarians who passed this legislation would knowingly include clauses in one Act, the effect of which would be to totally nullify clauses in the other? If your answer to any of these questions is 'NO' we ask that you support our efforts to regain the same public access - with no added restrictions or conditions - to Historic Census records after 1906 that is currently available for 240 years of Census records up to that time. We seek nothing new. We seek only that which current legislation states we are entitled to - access that we have had in the past but is currently (believed illegally) withheld from us by the Chief Statistician of Canada. We ask that you call upon the Government of Canada to immediately direct the Chief Statistician of Canada to obey the Laws of Canada. We ask that he be directed to return care and control of schedules of Historic Census to the Librarian and Archivist of Canada for subsequent public access in accordance with the Access to Information and Privacy Acts. We ask further that you ensure continued public access to Historic Census records by seeking a government Bill that would add to the Statistics Act a single clause, similar to the following: "Original schedules of Census or authentic copies thereof shall, not later than thirty (30) years following collection, be transferred to the care and control of the National Archivist for subsequent public access in accordance with provisions of the Access to Information and Privacy Acts, and Regulations attached thereto." In reading my letter you may not feel any obligation to respond to someone living outside your electoral riding. The votes you cast in Parliament, however, affect all people living in Canada and in that respect your constituency is all of Canada. Considering this, even though I do not reside in your riding I would greatly appreciate your personal response to my letter. Your response, stating your support (or otherwise) of the access we seek, will be posted to your Correspondence Log on the Post 1901 Census Project website. It will be available for viewing by your constituents on the MPs Scoreboard at www.globalgenealogy.com/Census Thank you for taking the time to read my letter, and for your consideration of this very important issue. Respectfully Gordon A. Watts 11/04/2002 - letter from MP David Anderson to Phil Riley.
Mr. E. Philip Riley Member, Canadian Census Committee Courtenay, British Columbia Dear Mr. Riley: Thank you for your e-mail correspondence of September 28th 2002, with respect to historical Census Records. I appreciate your having taken the time to write. You may be interested to know that over the past few months, my colleague the Honourable Allan Rock, Minister Responsible for Statistics Canada, has had the opportunity to review consultation reports and the numerous suggestions from interested parties including those of genealogists and historians. I am pleased to inform you that Minister Rock will soon be seeking to introduce legislation that will allow access to the census records for genealogical and historical research 92 years after a census. The drafting of the proposed legislation has begun and details will be made available once the Minister tables it in the House of Commons. I trust you will find this information helpful. Again, thank you for sharing your concerns with me. With every good wish. David Anderson, Minister of the Environment 10/07/2002 - email to MP David Anderson from Gordon A. Watts.
To: MP Anderson, David Sent: Monday, October 07, 2002 11:44 AM Subject: Post 1901 Census legislation Dear Mr. Anderson At long last there has been a public acknowledgement by the Government of Canada that they have an interest in the concerns of Canadians, and others, that seek continuing access to Post-1901 Census records. That acknowledgement took the form of inclusion of a statement in an address of the Hon. Don Boudria, Minister of State and Leader of the Government in the House of Commons. The address was made to the Newsmakers Breakfast at the National Press Club, 3 October 2002. It was titled "The Government's Fall Legislative Program". On page four of Mr. Boudria's notes for that address, he states: "Other legislation will also be introduced respecting: The release of 92-year old census records for historical research purposes - which responds to recommendations and work done by parliamentarians in the House and Senate such as MP Calder and Senator Milne;" This acknowledgement of our concerns, on behalf of the government, is welcome news. It does not yet mean, however, that continued public access of Historic Census records has been approved and those records are now available to access for purposes of research. The proposed legislation has not yet been brought down, and it remains to be seen if, when it is brought down, it meets the needs and expectations of those seeking access. Senator Lorna Milne continues to work with the Hon. Allan Rock, Minister of Industry, to ensure that the end result does meet those needs and expectations. I remind you that what we seek is exactly the same unrestricted access to records after 1901 that is currently available for those records up to and including 1901. I currently show you on the MPs Scoreboard of the Post 1901 Census Project website (at the URL following my signature) as "sitting on the fence". You have been given this position by virtue of the fact that you have yet to give a definitive response stating your support, or otherwise, for public access to Historic Census records, 92 years after collection. (Or, at least, that I have seen no such response.) In view of the fact that the Government has now stated it's intention to introduce legislation that will hopefully address our concerns, will you now give a definitive response stating your supportive position for such legislation? I am not one of your constituents, but in writing to you I believe that I speak on behalf of a great many others who are your constituents. As such, I hope that you will afford me the courtesy of a response to this message. In responding to my message with a supportive answer to my question, so that it might be posted to your correspondence log, you would likely save yourself a great many similar requests by others. Thank you for taking the time to read my message, and for responding thereto. Have a great day! Sincerely Gordon A. Watts gordon_watts@telus.net Co-Chair, Canada Census Committee 1455 Delia Drive Port Coquitlam, BC V3C 2V9 04/25/2001 - email from MP David Anderson to Marge MacDonald. 25 April 2001 Thank you very much for your recent correspondence with your views on the availability of census records. I appreciate your having taken the time to write. As you may be aware, Industry Minister Brian Tobin, who is responsible for Statistics Canada, released the Expert Panel Report on Access to Historical Census Records on December 15th, 2000. At that time, Minister Tobin indicated that the issues at stake are comples and far reaching. The government is committed to protecting the privacy rights of Canadians who were given an assurance of confidentiality at the time they completed the 1911 Census while, at the same time, the government must consider the legitimate needs of genealogists and others for access to historical census records. In light of these concerns the Minister indicated that further broad based consultation with all Canadians is needed. This consultation will take place as part of the already announced administrative and legislative review of the Access to Information and the Privacy Acts. For more information on the Expert Panel report, you may wish to visit the Statistics Canada website, located at (www.statcan.ca). Again thank you for writing on this very important matter. Please be assured that I have also made Minister Tobin aware of your specific concerns. With every good wish. Yours sincerely, David Anderson, P.C., M.P. Minister of the Environment. 06/06/2000 - email from MP David Anderson to Adele Turner.
Miss Adele Turner North Vancouver, B.C. V7J 3H5 Dear Ms. Turner: Further to our previous correspondence, thank you very much for your email message on May 28th, 2000, with your views on the availability of the census records. I appreciate your having taken the time to write again. As you are already aware, at the request of the Minister responsible for Statistics Canada, the Honourable Minster John Manley, Statistics Canada has developed two options for amending the legislation to allow access to Census records. The first option contemplates amending the Statistics Act to allow records, starting with the 2001 Census and carrying on from there, to be transferred to the National Archives of Canada to be subsequently made available to the public. The second option is to retroactively change the confidentiality provisions of the Statistics Canada Act to allow the 1911 and all future censuses to eventually be placed in the public domain. In either case, the length of time that would have to elapse before the public could have access to the records would be 92 years, which is in keeping with current reulations pursuant to the Privacy Act relating to personal information under the control of the National Archives. Currently, Mininster Manley is in the process of examining these two options. He must carefully consider the implications of both options before a decision is made. In fact, Minister Manley has asked a panel of experts, chaired by Dr. Richard Van Loon, president of Carleton University, to review the situation. The panel is expected to report back to the Minister very soon. I appreciate your having taken the time to advise me of your views. I will certainly consider your comments in future discussions with my Cabinet colleauges. Please be assured that I have also made Minister Manley aware of your specific concerns. With every good wish. Yours sincerely, David Anderson, P.C., M.P.
A web site has been posted at http://globalgenealogy.com/census to record MP's responses, so that those who are interested, will know the position that their elected representative has (or has not expressed) on the issue. Also included on the web site, is a correspondence log for each Member of Parliament, which will contain responses to this e-mail plus any other correspondence from the MP. The Question: "Would you, as an elected Member of the House of Commons 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)" If you would like to expand on your position, your entire response will be posted to your individual correspondence log. The Post 1901 Census web site is sponsored by Global Genealogy & History Bookstore. A vast number of e-mails and calls from subscribers and web site visitors, clearly demonstrates that this issue is extremely important to them. Many readers have expressed that their current MP's position on this issue will weigh heavily in their decision process during the next election. |
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