----- Original Message -----

From: David Butterfield
To: Statistics Canada
Sent: Friday, May 04, 2001 4:11 PM
Subject: authority to solicit info in Census

 

Dear Sir or Madam,

I am quoting here for you, section 8 of the "Constitution Act, 1867";

    "8. In the general Census of the Population of Canada which is hereby required to be taken in the Year One
thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations
of the Four Provinces shall be distinguished."

As you can see, the Supreme Law of Canada(s.52.1 Constitution Act, 1982) has provided for the taking of a general Census every

tenth year starting in the year 1871. This means that a Census can only be conducted in years ending in the number 1. Not in "1996" as was the last Census taken.

It is also made very clear that a Census is conducted for but one purpose, to ascertain "the respective Populations of the Four Provinces". The only question that can be asked in a Census is, how many natural-persons occupy a particular private-dwelling.

There is no provision for the asking of any other questions.

While section 91.6 of the "Constitution Act, 1867" does provide for the Parliament to "make laws in relation to" "The Census and Statistics", the Parliament is still bound by the unamendable provisions of section 8. In other words, Parliament cannot make a law that would be inconsistent or non-compliant with any section of the "Constitution Act, 1867".  

Please be so kind as to provide answers to the following questions;

1.  Who is the Minister Responsible for Statistics Canada

2. In your opinion, where does Statistics Canada find the lawful authority to require Canadians, "By law", to answer all of the questions asked on the Census forms provided to them? If you are relying on the "Statistics Act" then you must be able to show how that Act is in compliance with section 8. If you have not read the "Constitution Act, 1867", you might also want to refer to section 19 of the Criminal Code of Canada. This is where the excuse of "just following orders" goes right out the window.  

3. How does this "lawful authority" comply with section 8 of the "Constitution Act, 1867"?   

4. Are you aware of the fact that the Parliament off Canada cannot pass a law that is "inconsistent with the provisions of the Constitution" ? See section 52.1 of the "Constitution Act, 1982".

5. Are you aware that the asking of these many and various questions is "unconstitutional", as the asking of these questions is notprovided for in the "Constitution Act, 1867" ?  

6. Does or will Statistics Canada sell any of the information gathered from the Census?

You immediate response to this email would be in the interest of all parties involved.

Thank you.
:David-Edward: Butterfield