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From: "Muriel M. Davidson" <>
Subject: [PEI] Post 1901 Census - Our legal case
Date: Sun, 15 Sep 2002 16:52:39 -0400


To all researchers:

Our legal case is progressing more or less as expected, although we have
modified our Application slightly. Our original Application sought only
to have the Court make an Order "compelling the Chief Statistician to
transfer the nominal returns and schedules of the 1906 Census of the
Provinces of Manitoba, Saskatchewan and Alberta to the National
Archivist, and, further and in the alternative, for an Order directing,
or alternatively permitting, the National Archivist to make this
information available to the public for research purposes".

The modification to our Application seeks further, and in the
alternative, Declarations:

(a) that the National Archivist, and not the Chief Statistician, has
care and control of the records from the 1906 Census;

(b) in the alternative, if, contrary to the Applicants submission,
the Chief Statistician does have care and control of the records from
the 1906 Census, then Chief Statistician is under a legal obligation to
transfer control of these records to the National Archivist;

(c) further, upon being declared to be in care or control of the
records from the 1906 Census or upon being transferred control of such
records, the National Archivist has the power to disclose this
information to members of the public upon request for research purposes.

In order to amend our Application to include a request for Declaratory
Relief and to extend the time limit for us to file our Applicants'
Record we required the agreement of parties on the other side. The
lawyer for the Privacy Commissioner consented right away. The Justice
Department, on behalf of the Attorney General, National Archivist and
Chief Statistician took longer to state they "do not oppose" our
application. Not opposing the application is not quite the same as
consenting to it. The Prothonotary (don't ask - that is the term Lois
used) will now consider our written application and presumably grant it
promptly since it is unopposed.

As of 12 September our Applicants' Record was ready to go except for the
copying and binding. The key part of our Record is the written
argument. The Respondents then have to file their Respondent's Record
with their written argument. Lois will then requisition a Hearing. If
there are no more unexpected delays, she hopes the hearing will be
before Christmas. This will not be like a trial since all the evidence
is in the Affidavits. There will be no witnesses. Lawyers will present
oral argument and be quizzed by the Federal Court Judge. This will take
place in Calgary and be open to the public. The Federal Court rooms in
Calgary are not all that big and crowds cannot be accommodated. Legal
arguments are not terribly interesting to non-lawyers, however, other
circumstances being considered, I have hopes that I will be able to be
in Calgary to observe the proceedings.

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





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