Canadian Census

1911 Census Bill S-18 Passed

The Federal Government has finally passed new legislation to end the debate over whether or not the public in generally and family historians in particular are to have unfettered access to the historic census after 92 years. After a long, long struggle for what we thought we already had a legal right to see, this legislation was passed unanimously in the House of Commons at the end of June, 2005, and given Royal Assent the next day. It applies to the 1911 census returns, which should have been made public in June 2003, and all census to and including the 2001 census. We expect to see the 1911 census online at the Canadian Genealogy Centre Web Site in August. Microfilm copies of the census returns should be available in larger Canadian libraries about the same time.

The fly in the ointment is a provision in the same legislation which allows Statistics Canada to include an opt in box on each return for the 2006 and 2011 census. This means people filling in the census returns will be explicitly guaranteed that their census form will never be available to researchers unless they tick the box, opting in to plans to make census returns available after 92 years. Remember that, typically, only one member of a household fills in the census form and will be making this decision for all members of that household. This is supposed to be "informed consent" by all members of the household to having the census return made public 92 years later. Obviously, children will not have given their informed consent to release or not release their census information. Typically, other members of the household will not be involved in the decision, either. Therefore, the goal of obtaining informed consent from Canadians for the release of the census return related to themselves beginning in 2006 is a sham; window dressing at best.

The battle for access to the historic census has been won but our campaign is not over. The integrity of all future census as complete historic records of the people of Canada is being violated. Even if the public really is fully informed about the value and importance of making the census returns available for research, there is likely to be a significant minority who will, for whatever reason, neglect or refuse to opt into release of their document after 92 years. The characteristics of that group and their entire households will be lost forever.

Personally, I would rather see a longer delay for the release of the future census returns (150 years?) than have the completeness of this material as a record of the ENTIRE nation compromised. Others active in the Census Release Campaign see no justification for a waiting period of more than 92 years.

The new legislation provides for a review of the opt in clause issue after the 2006 and 2011 census have been taken. We would like to save the 2011 census if we can by pressing our case after the results are in for the 2006 census.

So stay tuned. This isn't over yet.

Lois Sparling
Calgary, Alberta

AFHS Census Challenge Heats Up!

1911 Census Challenge (see also 1906 Census transcription project)

Make your request for 1911 Census data! It is 92 years since the 1911 Census was conducted. Apply for information via a Freedom of Information request (small charge applies). If refused, submit complaints re the refusal to the Information Commissioner. More information from our Census Challenge Coordinator, Lois Sparling (Contact).

Latest information on the 1911 Census Challenge see Post 1901 Census Challenge Site

April 2003 - now working on earnest to get the information from the 1911 Census released - Read the submission made by Alberta Genealogical Society, Alberta Family Histories Society and the Jewish Genealogical Society (Southern Alberta) Submission to the Senate on Bill S-13.

Feb 2003 - 1906 Census released to the public. images placed online at the National Archives website. Alberta Family Histories Society coordinates national transcription effort.

Aug 2002 - Cross Examinations have been completed. We are preparing a motion for leave to amend our Application to add a request for Declaratory relief (a judicial declaration that the law permits the National Archivist to allow public access to the 1906 census) as well as Mandamus (an order compelling public access to the 1906 census)

June 2002 - The National Archives of Canada shows it's implicit support for making census materials available by putting the entire 1901 census online (installation of free plug-in software - MrSid - required).

19 Apr 2002 - Read the Environics Report on the TownHall & Focus Group Meetings.

15 Apr 2002 - Calgary Solicitor & AFHS Member, Lois M. Sparling, was served with Affidavits on behalf of the National Archives and Statistics Canada. The lawyers are discussing dates for cross examinations.

5 Feb 2002 - Lois Sparling, conducts Legal Action against Chief Statistician of Statistics Canada, et al on behalf of Beatty & 10 other Plaintiffs. Details also in Chinook Vol 22, No. 2!

5 February 2002 -Calgary Solicitor & AFHS Member, Lois Sparling, conducts Legal Action against Chief Statistician of Statistics Canada, et al on behalf of Beatty & 10 other Plaintiffs. Read the text of the Legal Action and our news release (April 11, 2002).

The Problem

There is a real danger that, unless strong, concerted, ongoing action is taken, it will be impossible for Canadians to ever have access to any Canadian census subsequent to that of 1901. If it IS released, watch us party like the Americans did at the recent release of the US 1930 census records!