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From: "Gordon A. Watts" <>
Subject: [ONT] Post 1901 Census - letter to Allan Rock
Date: Mon, 23 Dec 2002 22:25:09 -0800


Greetings All.

I copy below, for your information, the text of a letter mailed today to
Allan Rock, Minister of Industry regarding Information Commissioner John
Reid's response to complaints about Statistics Canada's refusal
to transfer 1906 Census Records to the National Archivist. Happy
Hunting.

Gordon A. Watts
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.
================================

Dear Sir:

On 11 December 2002 Information Commissioner John M. Reid responded to a
complaint by Professor Bill Waiser (submitted in November 2000)
regarding the refusal of Statistics Canada and Chief Statistician Ivan
P. Fellegi to transfer care and control of nominal schedules of the 1906
Special Census of the Western Provinces (Alberta, Saskatchewan and
Manitoba) to the National Archivist for subsequent public access in
accordance with the statutes of Canada.

On 12 December 2002 Mr. Reid responded to a further thirty individuals
who had submitted similar complaints. I am aware of complaints by
others, including my own, that have not yet been responded to.

In each response to complainants Mr. Reid stated:

"As a result of this investigation, I found that access to the withheld
records is authorized pursuant to paragraph 19(2)(d) of the Access to
Information Act by reference to subsection 8(3) of the Privacy Act and
s.6 of the Privacy Regulations. On October 18, 2002, I recommended that
SC release the requested schedules. However, on November 1, 2002, Dr.
Ivan P. Fellegi, Chief Statistician, informed me that he does not intend
to follow my recommendation."

This finding supports the position of the National Archivist, Ian E.
Wilson, who has requested transfer of the records in question to his
care and control. It supports also the findings of the Expert Panel on
Access to Historical Census Records that, in June 2000, recommended the
immediate release of the 1906 Schedules of Census with the orderly
release of subsequent Censuses, 92 years after collection, in accordance
with the Access to Information and Privacy Acts. Makeup of the Expert
Panel included, among others, the Honourable Gérard La Forest, retired
Supreme Court Judge, and John McCamus, Professor of Law at York
University.

Mr. Reid's findings are supported by the legal opinion of Ann Chaplin,
Senior Counsel, Constitutional and Administrative Law, Justice Canada (1
August 2000). Ms. Chaplin, unlike those giving opinions before her,
considered all aspects of the situation, including the four Statutes of
Canada that have a bearing on this issue (National Archives of Canada
Act, Statistics Act, Access to Information Act, and Privacy Act). Ms.
Chaplin came to different conclusions than those before her that
considered only the narrow aspect of a 'Secrecy' clause in Instructions
to Officers and Enumerators of Census.

During the entire tenure of Dr. Fellegi as Chief Statistician of Canada,
he has opposed public access to Historic Census Records, and has refused
to transfer care and control of those records to the National Archivist
in accordance with the applicable legislation. In so doing he has
contravened legal provisions of the National Archives of Canada Act, the
Access to Information Act, and the Privacy Act. By extension, it might
be considered that the Minister of Industry, being the Minister
Responsible for Statistics Canada, has also been in contravention of
these Statutes.

With the possible exception of the Privacy Commissioner, Chief
Statistician Ivan Fellegi stands alone in his opposition to public
access of 92-year old Census records. All studies and surveys to date
have supported such access.

Mr. Minister, I mean no disrespect to either yourself or Dr. Fellegi.
It is time, however, that the Chief Statistician was directed to obey
the laws of Canada. No civil servant, no matter how high ranking, is
above the Laws of Canada. We call on you to direct the Chief
Statistician of Canada to obey the law and immediately transfer care and
control of Nominal Schedules of the 1906 Special Census of Western
Canada to the National Archivist.

If, after being directed to do so, Dr. Fellegi refuses still to turn
care and control of these records over to the National Archivist, he
should be replaced with someone who is prepared to obey the Laws of
Canada. He should be encouraged to take his well-deserved, and overdue,
retirement.

Thank you.

Sincerely,
Gordon A. Watts
Co-Chair, Canada Census Committee


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