Chinese Immigration Act, 1885

Last updated
Chinese Immigration Act, 1885
Original Canadian parliament.jpg
Parliament of Canada buildings in 1885
Parliament of Canada
  • An Act to Restrict and Regulate Chinese Immigration Into Canada
CitationSC 1885, c. 71
Enacted by Parliament of Canada
Royal assent 20 July 1885
Repealed1 July 1923
Introduced by Joseph-Adolphe Chapleau
Amended by
  • Chinese Immigration Act, 1887
  • Chinese Immigration Act, 1922
Repealed by
Chinese Immigration Act, 1923
Related legislation
Chinese Exclusion Act (US)
Status: Repealed

The Chinese Immigration Act, 1885 was an act of the Parliament of Canada that placed a head tax of $50 (equivalent to $1,576in 2021) on all Chinese immigrants entering Canada. It was based on the recommendations of the Royal Commission on Chinese Immigration, which were published in 1885.

Contents

It was granted royal assent on 20 July 1885, [1] and followed the U.S. Chinese Exclusion Act, which was passed in 1882. [2]

History

In the early 1880s, during the construction of the Canadian Pacific Railway (CPR), as many as 17,000 Chinese immigrants came to Canada to work as labourers. [3] Many individuals arrived from China, but others came from American states that included Washington, Oregon, and California, following their work on railroads and in mining camps. [2] The arrival of the Chinese in Canada was partially the result of a demand for cheap labour in the West. Major labour shortages in British Columbia threatened the economic viability of Canada. [4] Thus, as a way to bring the West economic efficiency, Chinese immigration was encouraged in the early 1880s. Furthermore, the CPR was formed to physically unite Canada, and industrialists desired cheap labour to complete its construction. Founded in 1881, the CPR was completed on 7 November 1885, "six years ahead of schedule, when the last spike was driven at Craigellachie, B.C." [5] Following its completion, the demand for Chinese immigration decreased significantly.

Immigration to Canada also resulted from troubling political and social circumstances in China. [6] Over 44,000 immigrants arrived in Canada between 1858 and 1923, [6] most of whom were "male, relatively uneducated, and unskilled." [6] Most Chinese immigrants during this period resided in the province of British Columbia, particularly in the cities of New Westminster and Victoria. [6] In addition to their work on the CPR, early immigrants were employed in occupations that included mining, forestry, and fishing. [6]

Although initially welcome in Canada, an increasing fear that immigrants would take jobs from Canadians, as well as a fear of Chinese people in general, [6] resulted in the ostracization of the Chinese community and calls for immigration reform. They were also said to be "subject to loathsome diseases and demoralising habits" [7] and considered to be an "unassimilable people." [7] As a result of the public's distrust of Chinese immigrants, the province of British Columbia reconsidered their legal status between the years 1872 and 1885. [7] In 1884, for example, British Columbia's Legislature attempted to "prevent their immigration, to impose an annual poll tax of $10, and to forbid their acquisition of Crown Lands." [7]

Royal commission

Dissatisfaction with Chinese immigration grew, and in 1885, a royal commission was appointed to obtain proof that restricting Chinese immigration would be in the best interests of the country. Prime Minister John A. Macdonald originally refused to introduce prohibitive measures, but eventually yielded and appointed the commission. The Royal Commission on Chinese Immigration in 1885 interviewed hundreds of people with the goal of understanding the majority's view on Chinese immigration. [8]

The commission was led by Joseph-Adolphe Chapleau and John Hamilton Gray, who gathered testimony regarding Chinese immigration at public hearings across British Columbia and compared these testimonies to those gathered on the Pacific Coast of the United States. The testimonies of 51 people were submitted. Only two Chinese witnesses were consulted: two officials from the Chinese Consulate in San Francisco. Multiple viewpoints were reported, including some in favour of Chinese immigration on an economic efficiency scale. [9] However, the overall consensus on the state of Chinese immigration was a vocalized demand for its restriction. [10] Claims against the Chinese were slanderous and were found to have little evidence behind them. Despite this, the commission recommended a moderate legislation against Chinese immigration and proposed a $10 head tax. [11]

Implementation

Chinese Immigration Act certificate issued on 2 August 1918 Chinese Immigration Act of 1885 certificate VPL 30625.jpg
Chinese Immigration Act certificate issued on 2 August 1918

The act was enacted as a result of the findings of the commission. The act imposed a $50 head tax on Chinese immigrants, with the exceptions of diplomats, government representatives, tourists, merchants, scientists, and students. The imposed duty of $50 was a significant increase from the $10 duty recommended by the royal commission.

This piece of legislation became the first in Canada's history to exclude immigrants on the basis of their ethnic origin. [12] It also defined "Chinese Immigrant" in section one as "The expression 'Chinese Immigrant' means any person of Chinese origin entering Canada and not entitled to the privilege of exemption provided for by section four of this Act." [1] Furthermore, vessels that were transporting Chinese immigrants were permitted to only carry one Chinese immigrant per fifty tonnes of the ship's weight. This law also prevented any Chinese immigrant who suffered from a contagious disease, such as leprosy, or any Chinese woman who was known to have been a prostitute. [13] Therefore, the act limited the number of Chinese immigrants to the extent that a 300-ton ship could only carry six Chinese immigrants to Canada.

The act was amended in 1887 to allow Chinese women who were married to non-Chinese men to enter Canada, as well as Chinese passing through Canada via the railway. An additional amendment in 1892 required Chinese residents of Canada who wished to temporarily leave the country to register with an immigration official prior to their departure.

In 1900, the head tax was raised to $100 by Prime Minister Wilfrid Laurier, due to a still growing influx of Chinese immigrants. In 1903, this was further raised to $500, "An equivalent of two year’s wages for a Chinese labourer." [2] Companies in short supply of cheap labour would often advance this money to bring Chinese immigrants to Canada. [14]

The act was eventually superseded in 1923 by the Chinese Immigration Act, 1923 , also known as the "Chinese Exclusion Act", which banned Chinese immigration entirely. [15]

Aftermath and legacy

Following the implementation of the act, prejudice against the Chinese grew across Canada. During the 1890s, for example, labour organizers in cities that included Quebec City, Montreal, and Toronto objected to Chinese immigration. [16] Numerous riots occurred across the country to protest the presence of Chinese people in economic and social settings. In 1887, a riot occurred in Vancouver in protest of Chinese land clearing crews. [16] In 1907, another riot occurred in Vancouver in which participants protested all Chinese immigration. [16] Numerous Canadian provinces disenfranchised the Chinese or placed heavy restrictions on them in the late nineteenth and early twentieth centuries. The province of Saskatchewan disenfranchised them in 1908. [16] The province of British Columbia placed various restrictions on them, including "Natal Acts," which incorporated a language test that was created to prevent the immigration of Chinese people to the province. [16] Thus, the act contributed to anti-Chinese sentiment across Canada.

Although the Chinese Immigration Act, 1923 was repealed in 1947, restrictions remained in place during the 1950s and 1960s. For example, immigration remained limited to the wives of Chinese Canadian citizens and their unmarried children under the age of eighteen. [17] Several notable Canadian politicians protested these policies. These included John Diefenbaker, a member of the Progressive Conservative party who was very supportive of human rights, and Stanley Knowles, a member of the CCF who protested the unequal treatment of the Chinese. [17] As a result of protest against strict immigration regulations, during the late 1960s, the Canadian government altered their policies to include immigrants who were admitted to the country based on "their skills and the capital they had for investment" as opposed to their "family relationships." [17]

In the 1980s, voices for redress emerged in the Chinese-Canadian community. Organizations that strove for promoting the rights of all individuals, particularly those of Chinese Canadians, encouraged their full and equal participation in Canadian society.

In the 1980s, the Chinese Canadian National Council, or CCNC, began to collect head tax certificates, and in 1984 "the CCNC presented the government with a list of names of 2,300 surviving Chinese who had each paid a head tax." [18] A subsequent survey by the CCNC "found that of the 867 respondents who completed the questionnaire, forty-six percent were in favor of an official apology and a symbolic redress to the individual victims, while thirty-eight percent also supported some form of community redress." [18] In 1990, the CCNC successfully lobbied for political endorsement for a redress. By 1993, a redress proposal was submitted to the representatives of five groups, including Chinese Canadians. At this time, the redress only offered an omnibus apology. The offer was rejected by the Chinese Canadian groups, and no resolutions were made that federal term. [18]

As a result of the act and its imposed head tax, a redress, with apologies and compensations, took place only officially in 2006. After the election of the minority Conservative government in 2006, Stephen Harper affirmed his position on Chinese immigration: [19]

Chinese Canadians are making an extraordinary impact on the building of our country. They've also made a significant historical contribution despite many obstacles. That's why, as I said during the election campaign, the Chinese Canadian community deserves an apology for the head tax and appropriate acknowledgement and redress.

Effective 29 August 2006, Canada's redress program combined "payments to individual head tax payers, (or, if the payer is deceased, to their spouse) with funding for educative and commemorative programs." [20]

Significance

The act was tremendously important as a result of it being the first of its kind in Canada's history and subsequently laying down the foundations for future exclusionary policies and acts. The act laid down the legal framework for head taxes, which were later refined even more harshly. As such, immigration from China was greatly reduced until the 1940s. [6]

The aim of establishing a "white" society for Canada, as Kenneth Munro explains, "such discrimination flew in the face of that crucial premise of Canadian nationhood, namely, respect for diversity of culture and traditions." [21]

See also

Related Research Articles

<span class="mw-page-title-main">History of Chinese immigration to Canada</span> History of immigration

There has been a significant history of Chinese immigration to Canada, with the first settlement of Chinese people in Canada being in the 1780s. The major periods of Chinese immigration would take place from 1858 to 1923 and 1947 to the present day, reflecting changes in the Canadian government's immigration policy.

<span class="mw-page-title-main">Chinese Canadians</span> Canadians of Chinese ancestry

Chinese Canadians are Canadians of full or partial Han Chinese ancestry, which includes both naturalized Chinese immigrants and Canadian-born Chinese. They comprise a subgroup of East Asian Canadians which is a further subgroup of Asian Canadians. Demographic research tends to include immigrants from Mainland China, Taiwan, Hong Kong, and Macau, as well as overseas Chinese who have immigrated from Southeast Asia and South America into the broadly defined Chinese Canadian category.

The Chinese Canadian National Council (CCNC), known in the Chinese-Canadian community as Equal Rights Council (平權會), is an organization whose purpose is to promote equity, social justice, inclusive civic participation, and respect for diversity. The first CCNC in Ontario was founded in 1980.

<span class="mw-page-title-main">Chinese head tax</span> Canadian tax on Chinese immigrants

The Chinese head tax was a fixed fee charged to each Chinese person entering Canada. The head tax was first levied after the Canadian parliament passed the Chinese Immigration Act of 1885 and it was meant to discourage Chinese people from entering Canada after the completion of the Canadian Pacific Railway (CPR). The tax was abolished by the Chinese Immigration Act of 1923, which outright prevented all Chinese immigration except for that of business people, clergy, educators, students, and some others.

<i>Chinese Immigration Act, 1923</i> Canadian 1923 immigration legislation

The Chinese Immigration Act, 1923, also known as the "Chinese Exclusion Act", was a Canadian Act of Parliament passed by the government of Liberal Prime Minister William Lyon Mackenzie King, banning most forms of Chinese immigration to Canada. Immigration from most countries was controlled or restricted in some way, but only the Chinese were completely prohibited from immigrating to Canada.

<span class="mw-page-title-main">Internment of Japanese Canadians</span> Period of internment of Japanese people in Canada

From 1942 to 1949, Canada forcibly relocated and incarcerated over 22,000 Japanese Canadians—comprising over 90% of the total Japanese Canadian population—from British Columbia in the name of "national security". The majority were Canadian citizens by birth and were targeted based on their ancestry. This decision followed the events of the Japanese Empire's war in the Pacific against the Western Allies, such as the invasion of Hong Kong, the attack on Pearl Harbor in Hawaii, and the Fall of Singapore which led to the Canadian declaration of war on Japan during World War II. Similar to the actions taken against Japanese Americans in neighbouring United States, this forced relocation subjected many Japanese Canadians to government-enforced curfews and interrogations, job and property losses, and forced repatriation to Japan.

The Asiatic Exclusion League was an organization formed in the early 20th century in the United States and Canada that aimed to prevent immigration of people of Asian origin.

<span class="mw-page-title-main">Canadian immigration and refugee law</span>

Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties.

<span class="mw-page-title-main">History of Vancouver</span>

The history of Vancouver, British Columbia, is one that extends back thousands of years, with its first inhabitants arriving in the area following the Last Glacial Period. With its location on the western coast of Canada near the mouth of the Fraser River and on the waterways of the Strait of Georgia, Howe Sound, Burrard Inlet, and their tributaries, Vancouver has – for thousands of years – been a place of meeting, trade, and settlement.

<span class="mw-page-title-main">Post-Confederation Canada (1867–1914)</span>

Post-Confederation Canada (1867–1914) is history of Canada from the formation of the Dominion to the outbreak of World War I in 1914. Canada had a population of 3.5 million, residing in the large expanse from Cape Breton to just beyond the Great Lakes, usually within a hundred miles or so of the Canada–United States border. One in three Canadians was French, and about 100,000 were aboriginal. It was a rural country composed of small farms. With a population of 115,000, Montreal was the largest city, followed by Toronto and Quebec at about 60,000. Pigs roamed the muddy streets of Ottawa, the small new national capital.

New Zealand imposed a poll tax on Chinese immigrants during the 19th and early 20th centuries. The poll tax was effectively lifted in the 1930s following the invasion of China by Japan, and was finally repealed in 1944. Following efforts to recognise its impact, an apology for the tax was issued in English and Mandarin under prime minister Helen Clark in 2002, and was later delivered in Cantonese in 2023.

<span class="mw-page-title-main">History of immigration to Canada</span>

The history of immigration to Canada details the movement of people to modern-day Canada. The modern Canadian legal regime was founded in 1867, but Canada also has legal and cultural continuity with French and British colonies in North America that go back to the 17th century, and during the colonial era, immigration was a major political and economic issue with Britain and France competing to fill their colonies with loyal settlers. Until then, the land that now makes up Canada was inhabited by many distinct Indigenous peoples for thousands of years. Indigenous peoples contributed significantly to the culture and economy of the early European colonies to which was added several waves of European immigration. More recently, the source of migrants to Canada has shifted away from Europe and towards Asia and Africa. Canada's cultural identity has evolved constantly in tandem with changes in immigration patterns.

The Vancouver anti-Chinese riots of 1886, sometimes called the Winter Riots because of the time of year they took place, were prompted by the engagement of cheap Chinese labour by the Canadian Pacific Railway to clear Vancouver's West End of large Douglas fir trees and stumps, passing over the thousands of unemployed men from the rest of Canada who had arrived looking for work.

<span class="mw-page-title-main">Continuous journey regulation</span>

The continuous journey regulation was a restriction placed by the Canadian government that (ostensibly) prevented those who, "in the opinion of the Minister of the Interior," did not "come from the country of their birth or citizenship by a continuous journey and or through tickets purchased before leaving the country of their birth or nationality" from being accepted as immigrants to Canada. However, in effect, the regulation would only affect the immigration of persons from India.

The Vancouver riots occurred September 7–9, 1907, in Vancouver, British Columbia, Canada. At about the same time there were similar anti-Asian riots in Bellingham, Washington, San Francisco, and other West Coast cities. They were not coordinated but instead reflected common underlying anti-immigration attitudes. Agitation for direct action was led by labour unions and small business. Damage to Asian-owned property was extensive.

The history of Chinese Canadians in British Columbia began with the first recorded visit by Chinese people to North America in 1788. Some 30–40 men were employed as shipwrights at Nootka Sound in what is now British Columbia, to build the first European-type vessel in the Pacific Northwest, named the North West America. Large-scale immigration of Chinese began seventy years later with the advent of the Fraser Canyon Gold Rush of 1858. During the gold rush, settlements of Chinese grew in Victoria and New Westminster and the "capital of the Cariboo" Barkerville and numerous other towns, as well as throughout the colony's interior, where many communities were dominantly Chinese. In the 1880s, Chinese labour was contracted to build the Canadian Pacific Railway. Following this, many Chinese began to move eastward, establishing Chinatowns in several of the larger Canadian cities.

Avvy Yao-Yao Go is a Canadian lawyer and judge. She is known for her work advocating on behalf of immigrant and racialized communities in Canada. In 2014 she was appointed to the Order of Ontario. In August 2021, Go was appointed to the Federal Court.

The Immigration Act, 1869 was the first immigration act passed by the Government of Canada after Canadian Confederation.

<span class="mw-page-title-main">Royal Commission on Chinese Immigration</span> Canadian commission of inquiry into Chinese immigration

The Royal Commission on Chinese Immigration was a commission of inquiry appointed to establish whether or not imposing restrictions to Chinese immigration to Canada was in the country's best interest. Ordered on 4 July 1884 by Prime Minister John A. Macdonald, the inquiry was appointed two commissioners were: the Honorable Joseph-Adolphe Chapleau, LL.D., who was the Secretary of State for Canada; and the Honorable John Hamilton Gray, DCL, a Justice on the Supreme Court of British Columbia.

Until 1965, racial segregation in schools, stores and most aspects of public life existed legally in Ontario, Quebec and Nova Scotia, and informally in other provinces such as British Columbia. Unlike in the United States, racial segregation in Canada applied to all non-whites and was historically enforced through laws, court decisions and social norms with a closed immigration system that barred virtually all non-whites from immigrating until 1962. Section 38 of the 1910 Immigration Act permitted the government to prohibit the entry of immigrants "belonging to any race deemed unsuited to the climate or requirements of Canada, or of immigrants of any specified class, occupation or character."

References

  1. 1 2 Chinese Immigration Act, 1885 , SC 1885, c. 71
  2. 1 2 3 Takai, Yukari (2009). "Asian Migrants, Exclusionary Laws, and Transborder Migration in North America, 1880-1940". OAH Magazine of History. 23 (4): 35–42. doi:10.1093/maghis/23.4.35 via JSTOR.
  3. "ARCHIVED – The Kid's Site of Canadian Settlement: Chinese History".
  4. Vic Satzewich, "Racisms: The Reactions to Chinese Migrants in Canada at the Turn of the. Century," International Sociology 4, no. 3 (1989): 313.
  5. 'Our History'. Accessed 23 October 2015. http://www.cpr.ca/en/about-cp/our-history
  6. 1 2 3 4 5 6 7 Kalbach, Madeline A. (2004). "Asian Immigration to Western Canada". Challenging Frontiers: The Canadian West. Calgary: University of Calgary Press. pp. 254–256. doi:10.2307/j.ctv6gqsjb. JSTOR   j.ctv6gqsjb.
  7. 1 2 3 4 Howay, F.W (1976). "The Settlement and Progress of British Columbia, 1871-1914". Historical Essays on British Columbia. McGill-Queen's University Press. pp. 23–43.
  8. Report of the Royal Commission on Chinese Immigration: Report and Evidence of 1885
  9. Report of the Royal Commission on Chinese Immigration: Report and Evidence of 1885, page 97
  10. Report of the Royal Commission on Chinese Immigration: Report and Evidence of 1885, page 94.
  11. "Royal Commission on Chinese Immigration, 1885 | CMIP 21". www.pier21.ca. Retrieved 2015-10-14.
  12. Ninette Kelley and Michael Trebilcock, The Making of the Mosaic: A History of Canadian Immigration Policy (Toronto: University of Toronto Press, 1998), 107.
  13. "The Chinese Immigration Act, 1885 | CMIP 21". www.pier21.ca. Retrieved 2015-10-23.
  14. "The Chinese Immigration Act, 1885 | CMIP 21". www.pier21.ca. Retrieved 2015-10-14.
  15. Chinese Immigration Act, 1923 , SC 1923, c. 38.
  16. 1 2 3 4 5 Tan, Jin; Roy, Patricia (1985). The Chinese in Canada. Canadian Historical Association. pp. 1–26.
  17. 1 2 3 Roy, E. Patricia (2007). "Ending Chinese Exclusion: Immigration Policy, 1950-67". The Triumph of Citizenship : The Japanese and Chinese in Canada, 1941-67. Vancouver: UBC Press. pp. 263–302.
  18. 1 2 3 Li, Peter (May 2008). "Reconciling with History: The Chinese-Canadian Head Tax Redress". Journal of Chinese Overseas. 4: 127–140. doi:10.1353/jco.0.0010. S2CID   201742804.
  19. "Throne speech promises crime crackdown, GST cut." CBC News. 4 April 2006.
  20. Winter, Stephen (March 2008). "The Stakes of Inclusion: Chinese Canadian Head Tax Redress". Canadian Journal of Political Science Association and the Société Québécoise de Science Politique. 41 (1): 119–141. JSTOR   25166221.
  21. Kenneth Munro, "The Chinese Immigration Act, 1885: Adolphe Chapleau and the French Canadian Attitude," Canadian Ethnic Studies, no. 3 (1 January 1987): 90.

    Bibliography