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Archiver > PEI-ROOTS > 2002-09 > 1030991718


From: "Muriel M. Davidson" <>
Subject: [PEI] Fw: Post 1901 Census - re: Response from Information Commissioner
Date: Mon, 2 Sep 2002 14:44:25 -0400


Greetings Freda and All. FYI

If anyone is steppping beyond the boundaries of their domain, it is
Statistics Canada!

The letter from the Information Commissioner states:

"the schedules of the 1906 Special Western Census are in fact, held
within the custody and control of S.C. We have also determined that the
National Archivist has no statutory means to compel the Chief
Statistician to provide the records to the NA."

I have a problem with these statements. While the records of the 1906
Census may currently be "held within the custody and control" of
Statistics Canada, we do not believe that they have LEGAL "custody and
control". A major part of our legal action will prove, through the
various legislative statutes, that Statistics Canada does NOT have LEGAL
control of these vital records. Instructions to Officers and
Enumerators of Census, which Statistics Canada frequently advises were
given "the Force of Law" by the 1906 Census and Statistics Act, clearly
states that the records of that Census would be "stored in the Archives
of the Dominion" (now the National Archives).

Further, the National Archives of Canada Act contains clauses stating:
(emphasis mine)

"4. (1) The objects and functions of the NATIONAL ARCHIVES OF
CANADA are to conserve private and PUBLIC RECORDS OF NATIONAL
SIGNIFICANCE and FACILITATE ACCESS THERETO, TO BE THE
PERMANENT REPOSITORY OF RECORDS OF GOVERNMENT
INSTITUTIONS and of ministerial records, to facilitate the management of
records of government institutions and of ministerial records, and to encourage
archival activities and the archival community."

"6. (1) The RECORDS OF GOVERNMENT INSTITUTIONS and ministerial
records THAT, IN THE OPININON OF THE ARCHIVIST, ARE OF HISTORIC
OR ARCHIVAL IMPORTANCE SHALL BE TRANSFERRED TO THE CARE
AND CONTROL OF THE ARCHIVIST in accordance with such schedules or
other agreements for the transfer of records as may be agreed on between the
Archivist and the government institution or person responsible for the records."

The emphasized portions of the above clauses clearly state that the National
Archives will be the permanent repository of records of government institutions,
i.e Statistics Canada. They also clearly state that the National Archivist will
determine what government records are of historic or archival importance and
that SHALL be transferred to the care and control of the Archivist. It does not
state that the records MIGHT or MAY be transferred, but says they SHALL
be transferred I am not a lawyer but in legal terminology I believe that SHALL,
MIGHT or MAY have significant differences in their intent and meaning.

In regards the "schedules or other agreements" between the Archivist and
"government institution or person responsible for the records" it is
believed that this would refer to WHEN the records were transferred, not
IF they were transferred.

No statute exists anywhere that states the "care and control" of the
nominal records of Census for 1906 is within the purview of Statistics
Canada. Nor, for that matter, is there any statute that gives
Statistics Canada that "care and control" for the Census' of 1911 or
1916. We believe that "care and control" of those records is legally
that of the National Archivist.

Has Statistics Canada stepped beyond it's boundaries? I leave it to you
to decide for yourself. In my opinion the answer is a definite YES!

Happy Hunting.

Gordon A. Watts
Co-Chair, Canada Census Committee
Port Coquitlam, BC

http://globalgenealogy.com/Census
en français http://globalgenealogy.com/Census/Index_f.htm
---------
----------Original Message-------
To: <>
Sent: Sunday, September 01, 2002 10:42 PM
Subject: [CCC] ATI requests

Hello All - Received a reply this past week from John Reid re my
complaint at being refused 1906 Census info from NAC. It is fairly
lengthy but suspect others will get the same piece of info, probably
photocopies to all. In this letter he says in part

"During the course of this investigation and another related
investigation, we learned that the schedules of the 1906 Special Western
Census are in fact, held within the custody and control of S.C. We have
also determined that the National Archivist has no statutory means to
compel the Chief Statistician to provide the records to the NA.
Therefore, I am satisfied that NA's response was correct. This said, NA
ought not to have told you your request was abandoned as clearly you
took no action to do so, not did any of the customary circumstances
warranting abandonment of a request apply. As well, you ought to have
been told of your right to complain to this office."

Further on the last paragraph states "Having now received the report of
my investigation, you have te right to appy to the Federal Court of
Canada for a review of NA's decision to deny you access to requested
records. Such an application should name the Minister of Communications
as respondent and it must be filed with the Court within 45 days of
receiving this letter."

Well!! Just who is overstepping the boundaries of their domain? As I
read it there must be a statement somewhere in this particular census
that misses stating the NA get access for storage, or is there a
statement that this 'Special' Census does not be handled in the same
manner as ordinary 10-year types. What would have made this outside the
normal jurisdiction of Census?

Freda Stewart
Member, Canada Census Committee




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