From: Bains, Navdeep - M.P.
To: Gordon A. Watts
Sent: Tuesday, September 28, 2004 12:15 PM
Subject: RE: Your letter

OTTAWA
September 28, 2004

Gordon A. Watts
Co-chair, Canada Census Committee

Dear Mr. Watts:

Thank you for your letter regarding the release of the post 1901 census records.

As I understand it, the legal implications of the release of census records after 1901 is currently being studied by Hon. Lorna Milne, Senator and I will follow it with great interest.

I would be inclined to support the release of the 1911 census since I feel that it would provide additional information to citizens and help create a more transparent government. I also feel that a reasonable amount of time has passed. The secrecy of the census that insures accurate data is not threatened by the releasing of data 92 years later.

Once again, thank you for your correspondence.

Sincerely yours,
Navdeep Bains, M.P.

--------Original Message----------
From: Gordon A. Watts [mailto:gordon_watts@telus.net]
Sent: September 23, 2004 9:49 PM
To: Bains, Navdeep - M.P.; bains1@parl.gc.ca
Cc: navdeep@navdeepbains.ca
Subject: Your letter

Good afternoon Mr. Bains.

I am in receipt of your letter to me, dated 15 September 2004, responding to my letter of 29 August 2004 to you.

You thank me for congratulating you on your recent election and state that if I should have any questions regarding federal matters to not hesitate to contact your office. That, then, is the purpose of my message at this time.

In my letter to you, the text of which is copied below for your ease of recollection, I sought your position regarding public access to 92-year-old Census records in accordance with existing federal legislation that makes specific provision for such access. Your letter gave no response to my questions.

It would be greatly appreciated if you would respond to the questions raised in my letter. Thank you.

Have a great day!

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

Ottawa
September 15, 2004

Mr. Gordon A. Watts, Co-chair
Canada Census Committee
1455 Delia Drive
Port Coquitlam, B.C. V3C 2V9

Dear Mr. Watts

Thank you for your congratulatory letter of becoming elected to Canada's 38th Parliament. I am very pleased that the citizens of Mississauga - Brampton South trust in my ability to represent and serve their best interests.

I look forward to working together as my colleagues and I begin the task of shaping Canada's first minority Parliament in many years.

Should you have any questions regarding federal matters, please do not hesitate to contact my office.

Sincerely,

Navdeep Singh Bains, M.P.

29 August 2004

Mr. Navdeep Bains
Member of Parliament
House of Commons
Parliament Buildings
Ottawa, Ontario K1A 0A6

Dear Mr. Bainss

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
Co-chair, Canada Census Committee