[Ger-Poland-Volhynia] RE: post 1901 Canadian Census

[William Fife]

As many of you know, It has been feared that Canada would no longer
release Census information, the 1901 Census would be the last one ever
released.  Briefly, the reasoning is as follows:



** The National Archives of Canada Act provides that the National
Archivist shall determine what records of government are of historical
or archival value and that shall be deposited in the National  Archives.

** The National Archivist, Ian E. Wilson, has determined that records of
Historic Census do have historical or archival value and are, in fact, a
National treasure.  He has formally requested Statistics Canada to turn
control of the 1906 Special Census of the Western Provinces (Alberta,
Saskatchewan and Manitoba) over to his control.

** Statistics Canada (i.e. Chief Statistician Dr. Ivan P. Fellegi)
refuses to turn control of Historic Census records after 1901 over to
control of the National Archivist of Canada.

** The rational for this refusal is based on misinterpreted legislation
and Instructions to Officers and Enumerators of Census going back as far
as 1905, and Statistics Canada's claim that a 'promise' was made to the
people of Canada that confidentiality of Census was perpetual.


Statistics Canada has been unable to provide a single piece of
documented evidence that a 'promise of confidentiality' of Census in
perpetuity' has ever been made. It does not exist!

An appeal went out to Genealogists across north America to sign
petitions for the release of the Census information and a fund was
established to pay to take Statistics Canada to court to force them to
release future Census information.  Genealogists were generous in this
regard and it did not take long to collect sufficient money to fund this
action.

On 5 March 2002, Calgary lawyer Lois Sparling, on behalf of the Canada
Census Committee and many thousands of genealogists and historians,
submitted an Application for Judicial Review to the Federal
Court of Canada.  The purpose of this Application is to obtain a Writ of
Mandamus to compel the Chief Statistician of Canada to turn control of
1906 Census schedules over to the National Archivist.  It was later
modified to include a request for certain declarations relating to
public access of these records.

To September 2002, more than 55,000 signatures had been sent to Ottawa
seeking to regain public access to Post 1901 Census records on the same
basis as records up to and including 1901 are currently available.

It would appear that our efforts have been successful as the following
was just received:



MILNE DELIGHTED AS GOVERNMENT ANNOUNCES IMMINENT RELEASE OF POST-1901
CENSUS RECORDS

 FOR IMMEDIATE RELEASE - Ottawa - October 3, 2002

            Senator Lorna Mine (Lib - Peel County) was pleased
and relieved this morning at the government's
announcement that it will introduce legislation this fall to
allow for the release of historic census records.

            "The years of hard work by thousands of grassroots
Canadians has finally paid off," she exclaimed.  "The
government has listened carefully to the arguments that the
Canada Census Committee has been making for four years
and has come to the same conclusion - that historic census
records are a fundamental part of Canada's historic record
that must be made available to the public."

            The government's announcement came at the
National Press Club this morning when Government House
Leader Don Boudria laid out the government's legislative
agenda.  Minister Boudria stated that the government will be
introducing legislation to allow for the release of 92-year old
census records for historic research purposes.

            Although the announcement was made by Minister
Boudria, Milne was very quick to give all the credit on the file
to Industry Minister Alan Rock, who is responsible for
Statistics Canada.

            "From the first day of his appointment as Industry
Minster in January, Minister Rock has taken this issue very
seriously and has devoted an enormous amount of time to
the file," Milne explained.  "The government would not be in
any position to make this announcement today if it wasn't for
the fact that he cares as much about this issue as I do, and
he was willing to take the fight directly to the cabinet table."

            The government has not yet released a draft of the
legislation, but that is not normally done until it is introduced
in the House of Commons.

            "Sometimes the devil is in the details," Milne
noted.  "But I am confident that the major barriers to the
release of post-1901 census information have been
removed.  I intend to work closely with Minister Rock over the
next few weeks to ensure that the details are worked out
properly."

For more information, please contact Jeff Paul, Policy Advisor
to the Hon. Lorna Milne at 613-947-7695.


Note, nothing is finished until it is finished.  This legislation still
has to be passed and it remains to be seen if there will be any
restrictions in the legislation, however, the news at the moment is
good.

Bill Fife