Hi: This is a non-Hinds related article below but if you want to help Canadian genealogists obtain access to the 1901 and later census records (after 92 years) then read Dick Eastman's article below. I suggest that you copy and paste it for your web genealogy friends. Regards, Nan [email protected] ----------------------------------------- Eastman's Online Genealogy Newsletter A Weekly Summary of Events and Topics of Interest to Online Genealogists Vol. 6 No. 35 - August 27, 2001 Also, please include the following statement with any articles you re-distribute: The following article is from Eastman's Online Genealogy Newsletter and is copyright 2001 by Richard W. Eastman. It is re-published here with the permission of the author. ---------- - Post 1901 Canadian Census Project Canadian genealogists and Canadian descendants throughout the world are alarmed at the plans of the government in Ottawa. Statistics Canada, the agency charged with the responsibility of collecting the Census of Canada every five years, has taken the position that no public access will be allowed to individual Census records taken after 1901. That's right, none. Ever. They plan to permanently lock up or perhaps even destroy Canadian census records without giving access to genealogists, historians or other concerned individuals. Statistics Canada has refused to transfer control of these records to the National Archives, which would then permit the National Archivist to allow public access to them 92 years after collection. Their position is that Canadian law for all censuses following 1901 explicitly prohibits the release of individual census records. This position is based on a series of legal opinions obtained from Justice Canada from 1981 through 1985. Quoting from The Global Gazette's Web pages: It is believed that each of the legal opinions given by Justice Canada are flawed as they consider only one clause in "Instructions to Officers and Enumerators" of Census that in the Statistics Act of 1906 were given "the force of law". That clause, titled "Secrecy", assured respondents that information given to enumerators could not be used by anyone for purposes such as "taxation" or other contemporary concerns that might be expressed. Indications are that respondents were told about this confidentiality only if they expressed concerns about it. This was not a new clause as similar wording of Instructions had been used since at least the first Census of Canada taken in 1871. It was, however, the first time the Instructions had "the force of law". The legal opinions of Justice Canada did not consider other pertinent clauses of those same Instructions (having "the force of law") that stated that "clear and legible records" were to be kept because "the census is intended to be a permanent record, and its schedules will be stored in the Archives of the Dominion". Other clauses stated that Census "will have value as a record for historical use in tracing the origin and rise of future towns." If the clause relating to "Secrecy" had "the force of law", so then, did the other clauses in those Instructions. Statistics Canada cannot pick and choose which clauses they want to have "the force of law" and those they do not. Similar clauses were contained in Instructions from 1871 to at least 1946. Statistics Canada has variously referred to a promise of confidentiality in perpetuity, an explicit guarantee of indefinite confidentiality, or an unqualified promise of confidentiality they claim was given by the government of Sir Wilfred Laurier in 1906, and subsequent governments. Despite requests to produce documented evidence that proves the existence of these promises or explicit guarantees that confidentiality of Census lasts forever, to date they have been unable to do so. It is obvious that the (mis)interpretation of legislation, which enforces permanent concealment of post-1901 census from the public eye, must be changed. If changes are not made, Post-1901 Census Records may never be available for future generations or us. Officials of Statistics Canada have stated there has never been an intention to destroy the census data. If it were up to former Privacy Commissioner Bruce Phillips, however, all census records would be destroyed immediately following statistical compilation. Government records, however, cannot be destroyed without the approval of the National Archivist. Canada's current National Archivist, Ian Wilson, is determined to see these records preserved. He has rescinded an order for destruction of the 1996 Census enumeration forms issued by the former National Archivist. Mr. Wilson also favours allowing public access to Historic Census records and made a presentation to the Expert Panel on Access to Historic Census Records that called for that access. What can you do? The answer is, "A lot!" In fact, not only can Canadians have a voice in this, but genealogists around the world can express their opinions as well. In fact, The Global Gazette and many genealogy groups in Canada are asking genealogists around the world to exert pressure on the Canadian government to reconsider their position. You can write to the Members of Parliament and Members of the Senate. Sample letters, along with names and addresses of the recipients, are available online. In addition, there are three petitions available online that need to be signed: One petition in English for Canadian citizens to sign One petition in French for Canadian citizens to sign One petition in English for non-Canadians to sign. I downloaded, printed and signed the petition for non-Canadians and am mailing it later today. I strongly urge you to do the same. Take a copy of the appropriate petition to your next genealogy society meeting and ask others to sign. Leave copies in your local libraries, archives and other places of interest to genealogists. For more information about this problem and to find the sample letters, the petitions, and the list of addresses, look at: http://www.globalgenealogy.com/Census/. Note that this particular Web server is case-sensitive. Make sure you either click on this link directly from the newsletter (if possible) or else enter the letter C in upper case with everything else in lower case. (End of Dick Eastman article)