REPORT OF THE COMMITTEE |
FRIDAY,
December 14, 2001 |
The Standing Senate Committee on Social Affairs, Science and Technology
has the honour to present its
TWELFTH REPORT
Your
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
APPENDIX
Bill
S-12, An
Act to amend the Statistics Act and the National Archives of Canada Act (census
records)
Observations
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.