The following -- meaning NO -- was received after a pleasant phone chat with Paul Steckle. He invites comments -- I am certain he will receive them <Steckle.P@parl.gc.ca> Muriel <davidson3542@home.com> ===================================== Mrs. Davidson: I am writing further to our telephone conversation (in response to your e-mails), regarding the release of 1911 and subsequent census records to the National Archives of Canada. Please accept my appreciation for taking the time to write on this issue, and for providing me with the opportunity to comment. Before I begin, I should point out that the release of individual census records is explicitly prohibited, by law, for all censuses following 1901. Understandably, this has angered the many genealogists and researchers who had expected that the 1911 census records would be publicly available in 2003 (92 years after the taking of the census). Regrettably, there is a public perception that Statistics Canada has taken an arbitrary position in this matter and is circumventing the "standard 92 year rule" by its decision not to transfer the records. This is not the case. In fact, legislatively speaking, the agency's hands are tied. The Privacy Act is the legislation that provides for the transfer of records to the National Archives of Canada. It permits such transfers only if there are no other acts with a different or a stronger legislative protection. In other words, records can be transferred to the National Archives only if there are no provisions in another piece of legislation that prevents the said transfer. The records of censuses taken in 1901 and in prior years have been transferred to the National Archives of Canada for public access. This was possible (legal) because the legislation that was used to collect these census records did not contain any specific provisions that prohibited their transfer. In short, up to 1901, Census-takers were instructed to protect the confidentiality of the information (while collecting it), but these instructions did not have the force of law. Thus the information contained in these records is protected only by the Privacy Act which stipulates that National Archives of Canada can make these records available to the public 92 years after the taking of the census. Starting in 1906, (and in subsequent censuses) the legislation that gave the authority to collect census information contained statutory confidentiality provisions. These provisions are such that only the person named in the particular record may have access to his/her information. There is also no time limitation on the access. Essentially, even when the person is deceased, the provisions are still legally in effect. As a result of this, Statistics Canada cannot, without breaching the Statistics Act, transfer any census records taken under the authority of the 1906 and subsequent Statistics Acts to the National Archives of Canada. The fact that the United States and Britain both release census records is an issue of different legislation and, perhaps, of historical culture when it comes to the taking of a census. Statistics Canada continues to hold all individual returns of census questionnaires collected between 1906 and 1986. These records have now been transferred from the actual questionnaires, to microfilm, and are available for access by the individual respondents who need to confirm birth dates for pension and passport purposes. The destruction of the 1911 and later census records held on microfilm was never a consideration by Statistics Canada (although the paper questionnaires themselves have been destroyed in accordance with approvals given by the National Archives of Canada). As a result, Statistics Canada does not have the option, as has been suggested by some genealogists and researchers, of being able to filter out the more sensitive information from early census records since microfilm technology, unlike newer technology such as optical imaging, does not lend itself to severance. The original paper questionnaires would have been required for this. Like any law, the Statistics Act can also be amended to permit the release of individual records after 92 years. But, this is where an important principle of privacy protection comes into play: is it right to alter retroactively the conditions under which information was provided by Canadians? Should Parliament declare, in effect, as invalid the explicit guarantee of indefinite confidentiality that was promised to Canadians when the data in question were collected? Or should it perhaps consider the 92-year release rule for future censuses only? This issue, although seemingly cut-and-dry, is very complex. While there is undeniably great value attached to nominative historical census records, there is also great value attached to the information that can be produced from current and future censuses. That information is and will be used for a multiplicity of purposes, many of which are requirements contained in various pieces of legislation to meet specific needs (for example; transfer payments to provinces and the determination of electoral boundaries). Canadian citizens have always demonstrated co-operation in providing personal information about themselves when asked to participate in a census, or in other surveys conducted by Statistics Canada. Some might say that the most important factor contributing to this co-operation is the unconditional guarantee given to respondents that the information they supply will be protected. Canada, for almost 100 years has been able to unconditionally guarantee the confidentiality of the information supplied in the census. Changes to the commitments made to respondents in the past could have a negative impact on the level of co-operation given to future censuses and surveys. A substantial decrease in such co-operation could seriously jeopardize Statistics Canada's ability to carry out its national mandate of producing reliable, timely information on which many users depend. This information is also a fundamental pillar of our democratic system, because it is one of the measures that electors use to evaluate the performance of their governments. With the aforementioned being said, I would respectfully request that you provide your comments on the above. I don't pretend to have all of the answers and, as such, I am interested in hearing any additional thoughts that you may have on this potentially precedent-setting matter. Please accept my appreciation, in advance, for your co-operation. Sincerely, Paul Steckle Paul Steckle, M.P. / député Huron-Bruce (Ontario) 251 Confederation / Confédération House of Commons / Chambre des communes Ottawa (Ontario) K1A 0A6 (613) 995-9848 phone (613) 995-6350 fax

RE: Paul Steckle's letter, His letter looks almost like a carbon copy of Bruce Phillips' objections to the release. This old legislation; must be, should be, can be and better be changed or I will never buy gas in another Petro-Canada gas bar again. Gordon Watt's has my thoughts on how we might get media attention on this matter. Regards http://www.waynecook.com A History Television Approved Site http://www.waynecook.com/simcoe.shtml Your Host for the Simcoe County Genweb Page