Court File No. T-178-02
Federal Court - Trial Division
Mertie Anne Beatty, Muriel Davidson,
Beverley Ann Rees, David Obee, Louise Sauve, Jean Stanley, Marilyn
Annette Taylor, William Waiser, Sheila Ward, Gordon Allen Watts,
Tom Worman,
Applicants
and
The Chief Statistician, the Attorney
General of Canada, the National Archivist, The Privacy Commissioner
of Canada and the Information Commissioner of Canada,
Respondents
Form 301
Notice of Application
TO THE RESPONDENT:
 A
PROCEEDING HAS BEEN COMMENCED by the Applicant, the relief claimed
by the Applicant appears on the following page.
THIS
APPLICATION will be heard by the Court at a time and place to be
fixed by the Judicial Administrator. Unless the Court orders otherwise,
the place of hearing will be as requested by the Applicant. The
applicant requests that this application be heard at Calgary, Alberta.
IF
YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step
in the application or to be served with any documents in the application,
you or a solicitor acting for you must prepare a notice of appearance
in Form 305 prescribed by the Federal Court Rules, 1998 and serve
it on the Applicant's solicitor, or where the applicant is self-represented,
on the Applicant, WITHIN 10 DAYS after being served with this Notice
of Application.
Copies
of the Federal Court/Rules, 1998, information concerning
the local offices of the Court and other necessary information may
be obtained on request to the Administrator of this Court at Ottaw
(telephone 613-992-4238) or at any local office.
IF
YOU FAIL TO OPPOSE THIS APPLICATION, JUDGEMENT MAY BE GIVEN IN YOUR
ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
February 5th, 2002
Issued by s/Nancy Gague
Address of Local office: 3rd Floor, 635 - 8 Avenue SW, Calgary,
Alberta T2P 3M3
TO:
THE Chief STATISTICIAN
Statistics Canada
Statistical Reference Centre
R.H. Coats Building
Holland Avenue
Ottawa, Ontario K1A 0T6
THE ATTORNEY GENERAL OF CANADA
284 Wellington Street
Ottawa, Ontario K1A 0H8
THE NATIONAL ARCHIVIST
National Archives of Canada
395 Wellington Street
Ottawa, Ontario K1A 0N3
THE PRIVACY COMMISSIONER OF CANADA
112 Kent Street
Ottawa, Ontario K1A 1H3
THE INFORMATION COMMISSIONER OF CANADA
Place de Ville, Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario K1A 1H3
Application
This is an application for Judicial Review in respect of:
- the refusal of the Chief Statistician to transfer possession
and control of the Nominal Returns and Schedules of the 1906 Census
of the Provinces of Manitoba, Saskatchewan and Alberta, and a
microfilm thereof, to the National Archivist forthwith and without
condition;
- In the alternative, the failure of the National Archivist to
make the Nominal Returns and Schedules for the 1906 Census of
the Provinces of Manitoba, Saskatchewan and Alberta, or microfilm
thereof, available to the public for research purposes.
The Applicants make application for:
- an Order compelling the Chief Statistician to transfer possession
and control of the Nominal Returns and Schedules for the 1906
Census of the Provinces of Manitoba, Saskatchewan and Alberta,
or microfilm thereof, to the National Archivist forthwith and
without condition;
- An Order permitting or, in the alternative, directing the National
Archivist to make the Nominal Returns and Schedules for the 1906
Census of the Provinces of Manitoba, Saskatchewan and Alberta,
or microfilm thereof, available to the public for research purposes;
- If necessary, an extension in time to bring this application
for Judicial Review;
- Costs on a solicitor/client basis.
The grounds for the application are:
- The Chief Statistician has the Nominal Return
and Schedules for thre 1906 Census of the Provinces of Manitoba,
Saskatchewan and Alberta, or microfilm copies thereof, in his
custody.
- In the alternative, the National Archivist has
the Nominal Returns and Schedules for the 1906 Census of the Provinces
of Manitoba, Saskatchewan and Alberta, or microfilm copies thereof,
in his custody, but is bound by an agreement with the Chief Statistician
not to make them available to the public for research purposes.
- The National Archivist has determined that the
Nominal Returns and Schedules of the 1906 Census of the Provinces
of Manitoba, Saskatchewan and Alberta are of historical importance
and has requested the Chief Statistician to transer them to the
custody of the National Archives.
- The Chief Statistician has refused to comply with
the request of the National Archivist. In the alternative, the
Chief Statistician has transferred the microfilm of the Nominal
Returns and Schedules of the 1906 Census of the Provinces of Manitoba,
Saskatchewan and Alberta to the National Archivist on condition
that no one be allowed to view the microfilm and the National
Archivist has not made the microfilm available to the public for
research purposes.
- The Chief Statistician is required to transfer
the Nominal Returns and Schedules of the 1906 Census of the Provinces
of Manitoba, Saskatchewan and Alberta, or the microfilm copies
thereof, to the National Archivist pursuant to Section 6(1) of
the National Archives Act and no other statute or law prohibits
this transfer ot access by the public to this material.
- Regulation 6 of the Privacy Regulations specifically
provides for the National Archivist to disclose to the public
for research purposes, information obtained through the taking
of a Census after 92 years have elapsed following that Census.
- The Applicants are residents of Canada and are
interested in reviewing the Nominal Returns of the 1906 Census
of the Provinces of Manitoba, Saskatchewan and Alberta.
- The Applicant, William Waiser, applied to Statistics
Canada pursuant to the Access to Information Act to see the nominal
data for the 1906 Special Western Census on August 29, 2000. This
request was denied by Statistics Canada.
- The Applicant, William Waiser, filed a complaint
with the offices of the Information Commissioner of Canada with
respect to the refusal of Statistics Canada to allow him access
to the nominal data for the 1906 Special Western Census on October
19, 2000. His complaint has not been resolved. Such
further and other grounds as will be made known by the
Applicants or its Counsel at or prior to the hearing, of this
application.
This application will be supported by the following material:
- Affidavit of William Waiser with the following documentary
Exhibits
- a copy of a letter dated November 16, 1999 to Dr. Ivan
P. Fellegi from Ian E. Wilson;
- a copy of a letter dated August 1, 2000 to Frangoise
Bouvier from M. Sheridan;
- a copy of a letter dated August 1, 2000 to Dr. Ivan
P. Fellegi from Ian E. Wilson;
- a copy of a letter dated September 1, 2000 to Dr. Ivan
Fellegi from Ian E.Wilson;
- a copy of Access to Information Request Form dated August
29, 2000 by Bill Waiser;
- a letter dated October 6, 2000 to Professor Bill Waiser
from Pamela White;
- a copy of a letter dated October 19, 2000 to Hon. John
Reid from Bill Waiser;
- a letter dated November 21, 2000 to Professor Bill
Waiser from J.G.D. (Dan) Dupuis;
- a letter dated January 17, 2001 to Professor Bill Waiser
from Eric Murphy;
- Affidavit of Mertie Anne Beatty;
- Affidavit of Muriel Davidson;
- Affidavit of Beverley Ann Rees;
- Affidavit of David Obee;
- Affidavit of Louise Sauve;
- Affidavit of Jean Stanley;
- Affidavit of Marilyn Annette Taylor;
- Affidavit of Sheila Ward;
- Affidavit of Gordon Allen Watts;
- Affidavit of Tom Worman
The
Applicant requests the National Archivist to send a certified copy
of the following material that is not in the possession of the Applicant
but is in the possession of the National Archivist to the Applicant
and to the Registry:
- All correspondence between the National Archivist and/or the
National Archives and the Chief Statistician and/or Statistics
Canada directly related to the custody and control of the Nominal
Returns and Schedules for the 1906 Census of the Provinces of
Manitoba, Saskatchewan and Alberta, or microfilm copies thereof
and what use may or may not be made of those documents or microfilm
thereof.
February 5, 2002
S/Lois M. Sparling
Solicitor for the Applicant
Lois M. Sparling
Barrister and Solicitor
#1400, 550 - 6th Avenue SW
Calgary, Alberta T2P 0S2
Tel: (403) 264-3244
Fax: (403) 205-2499
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