[Forwarded for Gordon Watts - (This request for financial assistance received prior approval by RootsWeb administration.) ======================================== THE TIME HAS COME -- YOUR HELP IS NEEDED NOW! For some time discussions have been taking place regarding the possibility of taking the federal government to Court to obtain a 'writ of mandamus'. If this action is successful - and we have every reason to believe it would be - it would force Statistics Canada to turn control of the 1906 Special Census of the Western Provinces (Alberta, Saskatchewan and Manitoba) over to the National Archivist for immediate release to the Public. Such release would be in accordance with Regulations attached to the Privacy Act. A successful action to obtain the 1906 Census would likely set the precedent we need for the the 1911 and subsequent Census records to be made available to the public in accordance with Regulations attached to the Privacy Act. Lois Sparling, a lawyer in Calgary - and an active participant in our campaign - has been making preliminary preparations for such an action. Several plaintiffs have been lined up and an estimate of costs for proceeding has been put together. Lois will be contributing her time, but even considering that, it is expected that costs could be about $8000. This includes provision for the remote possibility that costs could be assessed against the plaintiffs. Over the course of our campaign several people have made offers of financial assistance to aid in our efforts. Up to now these offers have been refused with thanks. However, as the Walrus said in Lewis Carroll's Alice in Wonderland - ' The time has come.' We are now seeking your assistance in providing the funding necessary to proceed with our action against the government. Without the necessary funding we will be unable to proceed! The estimated $8,000 required is made up of approximately $3,000 expected to be needed for expenses (no legal fees), couriers, long distance telephone calls and faxes, filing fees and the cost of transcripts. The balance ($5,000) is to protect the Plaintiffs in the unlikely event that costs are assessed against us by the Court. It is unlikely that costs will be awarded against us because, first of all, we would have to lose, and secondly, the Federal Court is reluctant to award costs against Plaintiffs in a public interest case. It is expected that we may be in a position to refund part of these donations. We believe the fair thing is to make the refunds on a pro rata basis, i.e. a percentage to everybody. There are practical limitations to this however. We cannot possibly do this for a lot of $5 donations. Therefore, pro rated refunds will be made for only those donations of $100 (Cdn) or more. We suggest that people get together to combine their donations. Approach your local genealogical and historical associations to make a contribution. Pass the hat at your meetings and send a cheque from your local group. In that way your local group will get any refund that might be forthcoming. Send your cheques to: Lois Sparling Vallance & Company Barristers & Solicitors Suite 1400 550 - 6 Ave SW Calgary, Alberta T2V 3H4 Cheques should be made out to "Lois Sparling - in trust". Make the notation "Census Action" on the cheque. Lois will be the lawyer representing the Plaintiffs in the case. The funds will be deposited to her trust account. Lois has the means to accept US and other foreign currencies, and can also accept contributions through VISA. Transactions through VISA however, are more trouble than cheques -- and each transaction costs us 2.4 percent. A receipt will be issued for each and every contribution received. It will keep costs down if groups can collect from their members and send one cheque thus requiring the need to issue only one receipt. Make sure to include a covering letter or note with your full name and mailing address. As noted above, Lois is donating her time and expertise, and no part of the monies contributed to the legal case, other than costs, will go to her. A huge amount of work is involved in this action. Two other lawyers have offered assistance -- one from her office, and another member of the AFHS -- their experience in this kind of action, however, is limited. Normally the loser in a court action pays costs to the winner. These costs follow a chart set out in the relevant Rules of Court and are only intended to be a partial payment of legal fees. If our Plaintiffs are awarded costs it is felt that Lois, and the assisting lawyers, should get this money as partial reimbursement for their time, effort and expertise, aka their legal fees. (This request for financial assistance received prior approval by RootsWeb administration.) Gordon A. Watts [email protected] Co-chair, Canada Census Committee Port Coquitlam, BC http://www.globalgenealogy.com/Census/Index.htm en francais http://www.globalgenealogy.com/Census/Index_f.htm