Madam Speaker, it is my pleasure to rise today to present the House with Bill S-18, an act to amend the Statistics Act. The bill would address and finally resolve an issue that has been long outstanding, namely the question of access to historical census records.
No doubt the House would agree that access to these records can provide a rich and valuable means by which both family and historical research is conducted. Indeed, genealogists and historical researchers, without exception, view publicly available historical census records as essential tools in their work.
The other key aspect of the bill, for not only does it address a current dilemma, is it would enable Canadians a clear and unequivocal say in how they would like their personal information on census records to be used in the future. Canadians would be given the option of giving permission for the release of their personal information on the census questionnaire.
The genesis of the issue of public access to historical census records and why there is a need for Bill S-18 goes back many years.
As it currently stands, at issue is the legal ambiguity as to the authority of the chief statistician of Canada to release records from the 1911 census of population. That the records from this census have not yet been released has caused much outcry and consternation among the genealogical community. I believe many members of the House have received numerous pieces of correspondence from their constituents in relation to this matter.
In essence, Bill S-18 would provide a fitting solution to this issue by removing this legal ambiguity in relation to the release to the public of census records between 1911 and 2001, not just records from the 1911 census.
The bill then addresses not only the issue of historical access as it relates to censuses already conducted, it also sets the framework for the issue of access to future census records.
Beginning with the 2006 census and in any to follow, Statistics Canada would ask on the questionnaire for the consent of Canadians to release their census information, once again 92 years after each census. An individual's census records would be released only when consent was given. If consent were not given, the census records of that individual would never be made publicly available.
A third aspect of the bill would ensure accountability on behalf of both Statistics Canada and the government. Bill S-18 would establish that a parliamentary review must occur no later than two years before the 2016 census of population. The committee's review would report on the administration of the informed consent requirement outlined in the bill and if necessary, suggest changes to its operation and administration.
The issue of access to historical census records has itself a substantial and interesting history. I would like to share with my hon. colleagues a brief summary so they can perhaps appreciate why now is the time to resolve this longstanding issue.
Censuses have long been a fascinating and valuable historical record of the growth of Canada and Canada's heritage. Hon. members should note that the first census was conducted in 1666 by Jean Talon. At that time, he reported that there were only 3,215 inhabitants in the colony of New France. As our country grew, it was the regular censuses that bore witness to this growth and to the changes which took place. Finding a resolution to the issue of access to historical census records has seen the passing of many years and has taken many paths
In late 1999 the hon. John Manley called for the creation of an expert panel on access to historical census records which reported to him in May 2000. Its mandate was to examine the legal, privacy and archival implications of providing access to historical census records. Statistics Canada itself undertook public consultations on this issue in 2001. These were consultations across the country so as to gather Canadians' views on both confidentiality of census information and access to historical records. Both of these undertakings provided valuable guidance to the government on how it should proceed.
Following the full discussion and examination of all options, in January 2003 the government announced that there was a need to clarify the Statistics Act and the legislation would be drafted. At the same time it also announced the release of returns from the 1906 census. That census was a special census only conducted in the provinces of Manitoba, Saskatchewan and Alberta. It collected limited and less sensitive information, such as name, address, age, sex, marital status and origin.
The release was applauded by members of the genealogical community who had long encouraged the government to authorize the release of information from the 1906 census. Given the 100th anniversary of the entry of Alberta and Saskatchewan into Confederation, the public release of the 1906 census records has been of significant interest.
In response to recognition that legislation to amend the Statistics Act was necessary, Bill S-13 was introduced in the other place in February 2003. Some hon. members may recall that the bill was debated in this House in the fall of 2003, but that bill died on the order paper. Hence, Bill S-18 now before the House is our second attempt to resolve this issue.
I would like to take a moment to briefly point out a key difference between Bill S-13 and Bill S-18. It illustrates the government's resolve to settle this issue. In the former bill, Bill S-13, there were certain conditions placed on the release of information after 92 years. These conditions would have restricted disclosure to what is commonly known as tombstone data, such as name, age, date of birth, marital status, to the person's own family and would be imposed on the information for an additional 20 years. Historians and researchers would also have had to sign a document agreeing to these restrictions before being granted access to census records.
The government listened to the concerns of Canadians who felt that these additional conditions outlined in Bill S-13 were too restrictive and too burdensome. The outcome, I am pleased to say, is that no such conditions are present in Bill S-18. All census information will be released without restrictions after 92 years have passed.
To conclude my resumé of the history of this issue, I would bring to the attention of the House that in June 2004 there was a Federal Court decision related to the access of historical census records. In his decision the hon. Mr. Justice Gibson ruled that care and control of the 1911 census records rests with the chief statistician. He also ruled that there was no legal obligation under current law which would compel the chief statistician to transfer these records to the National Archives without an agreement between both parties. In his ruling he also suggested that resolution of this matter is best left to the government to address. This is something that Bill S-18 does.
Hon. members would no doubt join me in agreement when I suggest that Statistics Canada is internationally recognized as one of the top statistical agencies in the world. This is due in no small part to the professionalism and commitment of its staff members and the strong leadership provided by its management.
The agency is ably guided by the strengths and thoroughness of the Statistics Act, because it not only establishes its mandate but provides well articulated guidance on how the agency must be run. It is in section 17 of the Statistics Act that the all important confidentiality provisions are outlined vis-à-vis the protection of information collected by Statistics Canada.
As I have already noted, it is this provision of confidentiality that is at the heart of Statistics Canada's reputation. Protecting confidentiality of the information that it collects under the Statistics Act is a value upheld by all of its employees every working day through the numerous practices in place in policies and in work arrangements.
Section 18 of the same act identifies that information received by Statistics Canada is privileged information and shall not be used as evidence in any proceedings. Because of these two sections, the bonds of confidentiality are strong, especially when it comes to the personal information of all Canadians.
At the crux of the matter, when one examines both the current Statistics Act and previous legislation such as the Statistics Act of 1918 that created the Dominion Bureau of Statistics, is whether the chief statistician can authorize any release of census records collected.
Over the past 10 years there have been various legal opinions on whether records from those earlier censuses could be disclosed. While discussions have focused on the legal ambiguities related to the 1911 census records, there is far less ambiguity in regard to censuses conducted after 1918 when the Dominion Bureau of Statistics was created.
For records from the 1921 census up to current day, an amendment is required to make those records available to the public. Under an amended Statistics Act, any legal ambiguity would be removed and the chief statistician would be required to transfer census records to the care and control of Library and Archives Canada once 92 years had passed. Therefore, the ambiguity that currently exists would be eliminated.
Informed consent about the use of personal information is a key principle of privacy protection. Therefore, it follows that Canadians should have the right to decide for themselves if they want their personal census records to be made publicly available in the future. Bill S-18 would give Canadians the option for the first time to provide consent for the release of their own information 92 years after the census had been conducted. Plans call for such a question to be asked on the questionnaire of the next census of population, which will conducted in May 2006.
The multitude of persons who serve as privacy protection advocates and supporters either in a formal or informal capacity would be the first to agree that informed consent about the use of personal information is a key principle of privacy protection. To many it is a right afforded to all. Bill S-18 will provide the legal basis under which this consent could be offered and upheld.
A third and equally important point of Bill S-18 is that it calls for parliamentary review in 2014. A committee of this House, the other place, or both houses of Parliament would review the administration and operation of the subsections related to the informed consent provision. By that time, the year 2014, there will have been two censuses in which Canadians will have been asked for their permission to release the personal information. How they have responded will provide an indication of how Canadians view this issue and how they wish their government to respect their wishes.
As in the parliamentary tradition, the committee would permit an opportunity for interested parties to make their views known. In its final report the committee would be able to recommend any changes it saw fit to the administration of the provision that would be in place in time for the conduct of the census of population in 2016.
In fact, subject to the passage of the proposed amendment to the Statistics Act, the 1911 census records would be released immediately. Undoubtedly this action would be applauded as well as appreciated by genealogists and historical researchers all across Canada.
I would like to point out that for the 2006 census and subsequent censuses, Statistics Canada has already made a commitment as part of its census communications program to explain to Canadians the importance of their giving consent to allow access to their census records. This initiative would be conducted in conjunction with Library and Archives Canada.
As well, Statistics Canada will establish a program that would allow Canadians to change their responses to the consent question at any time during the 92 year period prior to public release. For example, children may not agree with the response provided on their behalf by their parent or guardian to the consent question and may now wish to change it. Those children will have the right to review what response was provided, and if necessary, request a change accordingly which will thereafter be processed by Statistics Canada.
This right to change one's mind is not limited in any way. In fact, all Canadians will retain the option, even in cases in which a person answered one way but subsequently changed his or her mind following a census.
In conclusion, Bill S-18 will at long last resolve the issue of access to historical census records as well as establish a procedure by which Canadians will have more say in how their personal census information will be used.
As evidenced by the many years of discussion and debate on this issue, support for Bill S-18 will show Canadians that a fair and balanced solution has been reached. Because of that, it is a win-win situation, both for those who want access after a well-established period of time, and those whose concerns focus on the protection of personal information.
Bill S-18 is a compromise which should please all parties. I urge hon. members to join me in the passage of this bill and its reference to committee as soon as possible.