Greetings listers. The Globe and Mail of Thursday 4 November 1999 had an excellent article titled "Erasing history" on page C1. It was followed up Friday 5 November 1999 by an editorial on page A18 titled "Unlock the past for the sake of the future". While both articles are geared to the perspective of Historians rather than Genealogists they serve to bring the problem to the public through a national publication. This is something long overdue. I felt both articles were very good. The letter to the editor below was intended to enhance the information in these articles from the point of view of genealogy. Feel free to forward this posting to any other lists to which you belong. Gordon A. WATTS gordon_watts@telus.net - ------------------------------------------------------------- Editor, The Globe and Mail I read with interest the full page article titled "Erasing History" (G&M, 4 Nov., p. C1), and the subsequent editorial titled "Unlock the past for the sake of the future" (G&M, 5 Nov., p. A18). While gratifying to see the Canadian Historical Association on board I was disappointed to see no mention of another group who have been seeking to obtain release of Post 1901 Census records for almost three years. Unlike the CHA, they have no formal organization and no official standing and until now it has been virtually impossible to get the media to take note of this situation. I refer to a handful of concerned genealogists across Canada who have been working via the internet, encouraging others to sign petitions, write letters to the media, to MPs, to Ministers Manley and Copps, and to Senator Lorna Milne. It is largely due to the efforts of this group, and those who followed their lead, that Minister Manley sought and received from Statistics Canada the two options referred to in the article "Erasing History". While the identity of this group is of little importance, the fact that there are an estimated 7.5 million genealogists within Canada is important. There is likely at least a similar number of people living in other countries that have "roots" in Canada. These genealogists seek to use information from Post 1901 Census to further their search for their ancestry, for their heritage. They have no sinister motive for seeking the release of Census. They simply want to know about their family. Information from Census provides names and relationships, birth dates and places, locations of homesteads, occupations, schooling, religion, countries of origin, immigration, etc. Much of this information is available from no other source in existence. It is precisely because of this information that Privacy Commissioner Bruce Phillips would have Census records destroyed, or hidden forever. I have studied a number of documents relating to this matter, including the Census and Statistics Act, R.S.C. 1906 (Chapter 68); the 1906 Proclamation directing a census of population and agriculture for the Provinces of Manitoba, Saskatchewan, and Alberta (Canada Gazette 21 May 1906, Orders in Council); Instructions to Officers, Commissioners and Enumerators for the Fifth Census of Canada in 1911; The Statistics Act (Chapter 43) assented to 24 May 1918; the consolidated online versions of the current National Archives of Canada Act, Access to Information Act, Privacy Act, and Statistics Act; the Census forms of 14 May 1996; and the 1985 legal opinion from the Department of Justice upon which Statistics Canada has based their decision not to transfer Census records to the National Archives. While I am by no means a lawyer, I personally see nothing within any of these documents that would preclude the transfer of Post 1901 Census records to the National Archives and their subsequent release to the Public. Regulations in the Privacy Act allow the National Archives to release census and survey results 92 years after collection. The 1998-99 Annual Report of the Privacy Commissioner states "The barrier to access is the Census and Statistics Act of 1906 and several subsequent laws, all of which prohibit Statistics Canada from disclosing personal census information to anyone - including the National Archives." I submit that this is a matter of interpretation. It is true that the Census and Statistics Act of 1906 and subsequent legislation have clauses that restrict release of identifiable, individual information from Census. These clauses are worded in the present tense. There are no time limitations mentioned in the documents researched. There are no clauses that specifically allow transfer of Census to the National Archives, and no clauses that specifically prevent that transfer. There is simply silence on the subjects of time limitations to confidentiality and transfer of records to the National Archives. In my limited experience I have understood that when one piece of legislation is silent on a particular subject while another piece of legislation is not, the legislation that is not silent would govern. In this case clauses in the Privacy Act allowing transfer of Census after 92 years should govern. Statistics Canada has made much of a promise of confidentiality in perpetuity regarding the Census since 1906. In regards to this promise I requested from Statistics Canada to know three things. These were "Specifically what clauses of what Acts spell out this never ending promise. The form (wording) of said promise of confidentiality in perpetuity. The means by which respondents were advised that said confidentiality would be forever." While Statistics Canada was very cooperative and sent me some documentation, they were apparently unable to provide specific answers to my specific questions. It would appear that this promise of confidentiality in perpetuity exists only in the minds of those who wish it to be. Respondents to Census are of course entitled to privacy. I would suggest however they are concerned about that privacy in the present time, not 30, 60, or 92 years down the road. In our research regarding Post 1901 Census we have found no indication that Privacy concerns of the day had to do with descendants seeking family information. To the contrary, concerns seemed to center on the possibility that other Government departments would use Census information for their own purposes, i.e. taxation, military service, school attendance, the regulation of immigration, or the enforcement of laws. Even today, Mr. Phillips, in his address to the Senate 18 February 1999, indicated that one of the major complaints received by his Office was that of cross indexing of personal information between different Government departments. He made no mention at that time of any complaints regarding release of personal information from Census 92 years after collection. Both Statistics Canada, and the National Archives have indicated they have received not a single complaint of this nature. Those who wish more information, including downloadable petitions, sample letters, and a correspondence log and scoreboard for MPs position on release of Census can visit the Post 1901 Census Project website at <http://www.globalgenealogy.com/census> . Additional information is available at <http://www.geocities.com/Heartland/Farm/7843/poll.html>. I can be contacted by e-mail at < gordon_watts@telus.net >. Thank you. Gordon A. WATTS