Up until now the procedure followed by Statistics Canada has always been that they put the "nominal census data" (i.e., the actual person-by-person information as written by the enumerators themselves on special forms) onto microfilm while they worked on the "aggregate statistics" (no names mentioned, with the results considered by groups so that no individuals can be recognized) which are the main reason that censuses are taken.

They held these microfilms for 92 years in order to protect the privacy of those who provided the information to the enumerators, and then released the films to the National Archives, who in turn made them available for everyone to view and study. These census microfilms, which are so vital for genealogists and historians, are considered by Statistics Canada to be a very low priority by-product of their work.

Around the turn of the century the questions asked in the census became more detailed and intrusive, particularly as regards the questions that were asked about our jobs and income. It appears that Statistics Canada has become more sensitive to popular concerns about this very private information, and in recent years the office of the Privacy Commissioner was established to be a watchdog for threats to our rights of privacy.

In the last few years Statistics Canada and the Privacy Commissioner have concluded that the best way to deal with the concerns of Canadians about the sensitive data collected for the censuses is simply to terminate the secondary use of the census by not permitting the release of the nominal data. They point to the provisions of the Census and Statistics Act, 4-5 E.VII, c.5, s.1, 1906, which, they claim, supports this move.

We dispute both the necessity of this action, and the interpretation of the law on which it is based.