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EXTRACTS FROM HANSARD
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PROCEEDINGS OF CANADA'S SENATE:The following extract has been taken from Hansard Records of Canada's Senate:
Debates of the Senate (Hansard)
1st Session, 37th Parliament,
Volume 139, Issue 83
Friday, December 14, 2001
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
ROUTINE PROCEEDINGS
Statistics Act National Archives of Canada Act
Bill to Amend-Report of Committee
Hon. Marjory LeBreton, Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the following report:
Friday, December 14, 2001
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
TWELFTH REPORTYour Committee, to which was referred Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act (census records), in obedience to the Order of Reference of Tuesday, March 27, 2001, has examined the said Bill and now reports the same without amendment.
Attached as an appendix to this Report are the observations of your Committee on Bill S-12. Respectfully submitted,
MARJORY LEBRETON
Deputy Chair(For text of appendix, see today's Journals of the Senate, Appendix to the report, p. 1145.)
The Hon. the Speaker pro tempore: Honourable senators, when shall this bill be read the third time? On motion of Senator Milne, bill placed on the Orders of the Day for third reading at the next sitting of the Senate.
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th ParliamentIssue 83
Friday, December 14, 2001
9:00 a.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator LeBreton presented the following:
Friday, December 14, 2001
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
TWELFTH REPORTYour Committee, to which was referred Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act (census records), in obedience to the Order of Reference of Tuesday, March 27, 2001, has examined the said Bill and now reports the same without amendment.
Attached as an appendix to this Report are the observations of your Committee on Bill S-12. Respectfully submitted,
MARJORY LEBRETON
Deputy ChairAPPENDIX TO THE REPORTObservations of the Standing Senate Committee on , Social Affairs, Science and Technology
During its hearings on Bill S-12, the Committee heard a range of opinions regarding the Bill's proposed amendments to the Statistics Act and the National Archives of Canada Act. The proposed amendments would mandate the transfer of all personal and agricultural census records from Statistics Canada to the National Archives and would provide that the records be made available to the public after the elapse of 92 years. All census records up to and including the 1901 Census have already been made available for public use but later censuses have been withheld based on the interpretation of confidentiality provisions relating to census data collection. The interpretation of such provisions, which are found in legislation beginning with the 1918 Statistics Act and in regulations or directives prior to that date, was the subject of debate among the witnesses heard by the Committee.
Most witnesses favoured some sort of provision for the eventual release of census records. The Committee heard that without their release, historians will lose important information about our nation's heritage and those interested in genealogy will lose important information about their ancestors. There was also evidence that other countries automatically release their census records after a designated period; for example, the United States and Britain release records after 100 years and 72 years respectively. In Canada, the pre-1901 records that have been released have demonstrated practical importance. Reference was made in testimony to the use of such records by the Métis of Sault Ste. Marie to establish historical hunting rights in the Ontario Courts.
Those in support of the release of historical census records were, however, divided on the issue of whether Bill S-12 adequately addresses privacy issues. Some were of the opinion that the public is simply not concerned about the release of such data and noted that there have been no complaints about the release of pre-1901 Canadian records or the release of Newfoundland's pre-1949 census records. On the other hand, it was noted that the Bill would potentially provide public access to medical and genetic information that could affect the relatives and descendants of census respondents. It was suggested by one witness that the insurance industry could use such information for making decisions regarding coverage. However, it was also pointed out that several serious but preventable conditions are also genetic in nature, and that an accurate family tree can predict these conditions and allow for their early treatment or even prevention.
Bill S-12 would provide a right to object to the release of one's own census information but the process contemplated by the Bill would require that the individual objecting make an application to the National Archivist 91 years after the data was collected. Assuming the individual was still alive, the objection to disclosure would only be considered valid if the Archivist was satisfied that disclosure would be unwarranted.
The Committee was also provided a compromise proposal by Statistics Canada. This proposal would provide more limited access than anticipated by Bill S-12. Access to historical census records would be provided only for genealogical research about one's own family and for historical research. Only family members (or their authorized agents) or those conducting historical research (peer reviewed by the Social Sciences and Humanities Research Council) would be given access. While access would be unrestricted, researchers would only be permitted to make public the following basic information: name, age, address, marital status and birthplace. Furthermore, those accessing information would have to sign a legally enforceable undertaking confirming that they agree to be bound by these terms.
The Committee also reviewed the report of the Expert Panel on Access to Historical Census Records which was established in 1999 to examine the issue of disclosure. The Expert Panel concluded that no perpetual guarantee of confidentiality was ever intended to attach to census records. However, they urged caution with respect to the release of records created after the 1918 Statistics Act as the public might perceive the release of these census records as a revocation of a guarantee previously made by the government. This was the main concern of Statistics Canada as well. StatsCan is in the process of conducting town hall meetings across the country to better ascertain whether cooperation with future censuses could be affected by the release of 92 year-old records.
Notwithstanding the compulsory provisions of the Statistics Act, Statistics Canada relies on public cooperation and is thus concerned with the preservation of the integrity of Canada's statistical system. The integrity of Statistics Canada is based on its ability and effectiveness in keeping what its officials referred to as an "unconditional promise of confidentiality". According to a poll by Environics, Canadians are concerned that if legislation such as Bill S-12 were passed, their cooperation in future censuses could be impacted.
In summary, many witnesses and Committee members favoured the disclosure of historical census records after 92 years, but there was disagreement as to whether Bill S-12 provides adequate privacy protection. Some members of the Committee favour the provisions of the compromise proposal over the process delineated by Bill S-12. For these reasons, the Bill was agreed to on division of the Committee.
The Honourable Senator Milne moved, seconded by the Honourable Senator Chalifoux, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
