The letter would be great as a Letter to the Editor or forwarded -- hope it is read by and a reply received from Mr. Rock. Muriel M. Davidson muriel_davidson@sympatico.ca ================ 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 gordon_watts@telus.net 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 --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.431 / Virus Database: 242 - Release Date: 12/17/02