Guest Author - Betty Dobson

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Watts: There is one man that is holding up release of Historic Census records for public access 92 years after collection. That man is Ivan P. Fellegi--Chief Statistician of Canada. He is doing so by simply refusing to return control of the records to the National Archivist. There should be no need to transfer control of the records to the National Archivist. Clauses contained in Instructions for Officers and Enumerators of Census for the period concerned (having the "force of law") indicate that he should have that control to begin with.

The Library and Archives Canada Act (and its predecessor, the National Archives Act) delegates to the Librarian and Archivist the authority to determine what records of government are of historical or archival value. It is not the province of the Chief Statistician to make that determination. The National Archivist determined that records of Census have historical and archival value. He declared them to be a National Treasure. He requested the Chief Statistician to return control of the 1911 Census records to him. Dr. Fellegi refused that request. We believe that refusal to be unlawful.

The Access to Information and Privacy Acts contain clauses that make specific provision for access to information obtained through Census or Survey for purposes of research by any person or body, 92 years after collection.

No civil servant, regardless of how highly placed or regarded is above the Laws of Canada. By refusing to return care and control of the records in question to the Librarian and Archivist for subsequent public access I believe the Chief Statistician has acted in deliberate contravention of the Library and Archives of Canada Act, the Access to Information Act, and the Privacy Act. He has usurped the authority of the Librarian and Archivist to determine what governmental records are of archival or historical value and that shall be deposited in the Library and Archives Canada. In dictating policy instead of following policy determined through legislation passed by Parliament he has usurped the authority of that body.

There should be no need for legislative change to regain the public access to Historic Census records that existing legislation states that we are entitled to. All that should be required is for the government to direct the Chief Statistician to return control of the records in question to the National Archivist for subsequent public access in accordance with that existing legislation. To date, the government has not done so.

There are implications in this issue that go beyond public access to Historic Census records. Should a government bureaucrat be able to take upon himself authorities delegated by legislation to another bureaucrat? Should a public servant be able to dictate policy that opposes policy directed through legislation passed by Parliament? Would parliamentarians passing the Access to Information and Privacy Acts include clauses that specifically provide for access to 92-year-old Census records while at the same time knowing that access might be prevented simply by a bureaucrat refusing to return control of the records to the individual charged with releasing them? We think not.

As stated above, we do not believe legislative change to be necessary to regain the access we seek. If, for the sake of clarity change should be needed, that clarity can be achieved by the addition of a single clause to the Statistics Act, similar to the following:

"Original schedules of Census or authentic copies thereof shall, not later than thirty (30) years following collection, be transferred to the care and control of the National Archivist for subsequent public access in accordance with provisions of the Access to Information and Privacy Acts, and Regulations attached thereto."

Such a clause would provide the same access to records after 1906 that is currently available to records up to that time, without any added conditions or restrictions, and would ensure that future Censuses would be accessible in the same manner.

We seek nothing new. We seek only that which current legislation states we are entitled to--access that we have had in the past but is currently withheld from us (believed unlawfully) by the Chief Statistician of Canada.

In Conclusion

I wish to thank Mr. Watts for taking time to answer my questions so thoroughly.

Whether or not to release post-1901 census records, however, is a question that remains unanswered after nearly five years of petitions, debate and lobbying. Thanks to people like Gordon Watts, we can look forward to the day when (not if) the records are finally made public.

In the meantime, we can lend our support. If you wish to help, consider joining the Canada Census Campaign Mailing List and learning more about the Post-1901 Census Project. In this as in each social issue, every voice counts.