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Canadian Immigration: The Law and its Administration*

Published online by Cambridge University Press:  12 April 2017

H. F. Angus
H. F. Angus*
Affiliation:
University of British Columbia
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Extract

The power of making laws with respect to immigration into Canada is given by the British North America Act to the Parliament of Canada. But under the provisions of the same act the legislature in each province may make laws in relation to immigration into the province which shall “have effect in and for the Province as long and as far only as” they are “not repugnant to any Act of the Parliament of Canada.” This power of a provincial legislature is not without restrictions, for the “Governor-General of Canada in Council within one year of the receipt of an authentic copy of an Act of a Provincial Legislature may disallow the Act, in which case the Act is annulled from and after the day on which the Lieutenant-Governor of the Province signifies the disallowance by Speech or Message to the Legislature or by Proclamation.”

Type
Research Article
Information
American Journal of International Law , Volume 28 , Issue 1 , January 1934 , pp. 74 - 89
Copyright
Copyright © American Society of International Law 1934

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Footnotes

*

A paper prepared for the Research Committee of the Canadian Institute of InternationalRelations.

References

1 The British North America Act, 1867, 30 & 31 Victoria, c. 3, Sec. 95.

2 ib., Sec. 95.

3 ib., Sec. 90 and Sec. 56.

4 ib., Sec. 90 and Sec. 57.

5 E.G., in 1884 British Columbia passed an act forbidding Chinese immigration. The Act was disallowed by the Dominion Government.

6 B.N.A. Act, Sec. 132. Treaties entered into by Canada may not be treaties between the Empire and a foreign country for the purpose of this section, but legislation to implement Canadian treaties is valid under Sec. 91 of the B.N.A. Act. See: In re Radio Communication in Canada, Att.-Gen. of Quebec v. Att.-Gen. of Canada and others, 1932,10 1 L. J. P. C 94.

7 R. S. C. 1927, c. 93.

8 R. S. C. 1927, c. 95.

9 Chinese Immigration Act, R. S. C, c. 95, Sec. 2 (e).

10 Immigration Act, R. S. C , c. 93, Sec. 2 (a).

11 R. S. C, c. 138.

12 For an Order-in-Council made under the Immigration Act, there is a third category P. O. 185, dated Jan. 31, 1923, rescinded by P. C. 695, dated March 21, 1931.

13 Immigration Act, R. S. C , c. 93, Sec. 2 (b). For purposes of the Canadian Nationality Act there are other Canadian nationals.

14 Immigration Act, R. S. C, c. 93, Sec. 2 (e), (i).

15 ib., Sec. 2 (e), (iii).

16 76., Sec. 2 (e), (ii).

17 Under Naturalization Act, R. S. O. 1906, c. 77, Sec. 24.

18 Immigration Act, R. S. C, c. 93, Sec. 2 (b).

19 ib., Sec. 2 (1).

20 ib., Sec. 2 (e), (i). Sec. 41 of the Immigration Act has been amended by 18-19 Geo. V, c. 29 (1928).

21 ib., Sec. 2 (e), (ii). The “prohibited classes” are defined in Sec. 3 of the act. Sec. 41 (amended in 1928 by 18-19 Geo. V) deals with undesirable immigrants who advocate the overthrow of government by force et alia enormia.

22 ib., Sec. 3 and Sec. 41 (as amended 1928).

23 Immigration Act, R. S. C, c. 93, Sec. 3. The list is a long one, (a) to (u) inclusive.

24 Sec. 3 (h).

25 Sec. 4.

26 R. S. C, c. 138.

27 R. S. C, c. 95.

28 Chinese Immigration Act, R. S. C, e. 95, Sec. 5.

29 P . C. 1276, dated July 10, 1923, Sec. 5, Para. (c).

30 Chinese Immigration Act, R. S. C, c. 95, Sec. 5 (c), (2).

31 ib., Sec. 5 (c), (2).

32 ib., Sec. 6.

33 Chinese Immigration Act, R. S. C, c. 95, Sec. 7.

34 ib., Sec. 8, which refers for definition of “Canadian citizen” to Immigration Act, R. S. C, c. 93, Sec. 2 (b).

35 76., Sees. 23 and 24.

36 P. C. 3173, dated Dec. 29, 1931.

37 Chinese Immigration Act, R. S. C, c. 95, Sec. 22.

38 Who are not immigrants because they do not intend to acquire Canadian domicile. Immigration Act, R. S. C, c. 93, Sec. 2 (h).

39 Immigration Act, R. S. C , c. 93, Sec. 37.

40 ib., Sec. 37.

41 Immigration Act, R. S. C, c. 93, Sec. 37.

42 ib., Sec. 38.

43 P. C. 23, Jan. 7, 1914.

44 P. C. 1202, June 9, 1919.

45 Rescinded by P. C. 2115, Sept. 16, 1930. It has been amended by P. C. 1966, Aug. 14, 1930.

46 P. C. 182, Jan. 31, 1923.

47 Because of the agreements of 1907,1923, and later 1928 modifying the treaties to which Canada acceded in 1905 and 1911.

48 P. C. 183, Jan. 31, 1923.

49 Amended by P. C. 642, April 11,1923, P. C. 534, April 8,1926, and P. C. 1957, Aug. 14, 1930. Rescinded by P. C. 695, March 21, 1931.

50 P. C. 183, Jan. 31, 1923, as amended up to April 1926.

51 P. C. 185, Jan. 31, 1923.

52 P. C. 1113, Aug. 13, 1929.

53 P. C. 182, Jan. 31, 1923.

54 P. C. 2115, Sept. 16, 1930.

55 In 1907, 1923, and 1928.

56 P. C. 183, Jan. 31, 1923.

57 P. C. 695, March 21, 1931.

58 R. S. C, c. 93, Sec. 13.

59 ib., Sec. 14.

60 R. S. C, c. 93, Sees. 15 and 16.

61 ib., Sec. 18.

62 ib., Sec. 20.

63 ib., Sec. 21.

64 ib., Sec. 23.

65 In re Immigration Act and Munetaka Samejima, 45 B. C. R. 401, and, on appeal, Samejima v. The King, 1932, S. C. R. 640.

66 1932, S. C. R. at p. 640.

67 R. S. C , c. 95.

68 76., Sec. 3.

69 ib., Sec. 10 (1).

70 R. S. C, c. 95, Sec. 11.

71 ib., Sec. 12.

72 Re Low Hong Hing, 37 B. C. R. 295.

73 Sec. 38, and see Re Low Hong Hing, 37 B. O. R. 295.

74 1932 S. C. R. at p. 640, per Duff, J.