^1. On the sources and historical patterns of federal and provincial deportation statistics see Tables 1 and 2 below.

^2. On the general history of deportation in Canada, see Avery, D., Dangerous Foreigners: European Immigrant Workers and Labour Radicalism in Canada, 1896–1932 (Toronto: McClelland & Stewart, 1979)Google Scholar; Drystek, H. F., “‘The Simplest and Cheapest Mode of Dealing With Them’: Deportation From Canada Before World War II” (1982) 15:30Social History 407Google Scholar; Galloway, D., Immigration Law (Toronto: Irwin, 1997), c. 1Google Scholar; Imai, S., “Deportation in The Depression” (1981) 7:1Queen's Law Journal 66Google Scholar; Knowles, V., Strangers At Our Gates: Canadian Immigration and Immigration Policy, 1540–1997, 2d ed. (Toronto: Dundurn, 1997)Google Scholar; Roberts, B., “Shovelling Out The ‘Mutinous’: Political Deportation From Canada Before 1936” (1986) 18 Labour 77CrossRefGoogle Scholar [hereinafter “Shovelling Out The ‘Mutinous’”; Roberts, B., Whence They Came: Deportation From Canada 1900–1935 (Ottawa: University of Ottawa Press, 1988)Google Scholar [hereinafter Whence They Came].

^3. On Canadian physicians and the rejection and removal of unfit immigrants, see Dowbiggin, I., “‘Keeping This Young Country Sane’: C. R. Clarke, Immigration Restriction, and Canadian Psychiatry, 1890–1925” (1995) 76:4Canadian Historical Review 598CrossRefGoogle Scholar [hereinafter “‘Keeping This Young Country Sane’”]; Dowbiggin, I. R., Keeping America Sane: Psychiatry and Eugenics in the United States and Canada 1880–1940 (Ithaca: Cornell University Press, 1997) C. 1, 3Google Scholar [hereinafter Keeping America Sane]; Godler, Z., “Doctors and the new immigrants” (1977) 9 Canadian Ethnic Studies 6Google Scholar; McLaren, A., Our Own Master Race: Eugenics in Canada, 1885–1945 (Toronto: McClelland & Stewart, 1990), c. 3CrossRefGoogle Scholar [hereinafter Our Own Master Race]; Roberts, B., “Doctors and Deports: The Role of The Medical Profession in Canadian Deportation, 1900–20” (1987) 18:3Canadian Ethnic Studies 17Google Scholar [hereinafter “Doctors and Deports”].

^4. Canada, House of Commons, “Annual Reports of the Immigration Branch”, in Sessional Papers (Ottawa: Queen's Printer, 1902–1903 to 1938–1939). See Table 1 below.

^5. A federal government study conducted in the early 1950s reported that, between 1930–31 and 1944–45, there were 2,724 deportations for medical reasons, 1,596 of these (58%) being attributed to mental diseases. The study concluded that “from 50% to 60% of deportations for medical reasons are occasioned by mental disease. This means that from 1902 to 1944, there have been from 5,400 to 6,500 persons deported as a result of mental disease.” Department of Citizenship and Immigration, “Immigration Studies With Special Reference to Mental Disease” National Archives of Canada [hereinafter NAC] RG 29, vol. 3091, file 854–4–300, pt.1-A.

^6. The literature on citizenship and governmentality has exploded in recent years. Illustrations include Barbalet, J. M., ed., Citizenship: Rights, Struggle and Class Inequality (Milton Keynes, UK: Open University Press, 1988)Google Scholar; Becker, L. & Kymlicka, W., eds., “Symposium On Citizenship, Democracy, and Education” (1995) 105 Ethics 465CrossRefGoogle Scholar; Mouffe, C., ed., Dimensions of Radical Democracy: Pluralism, Citizenship, Community (London: Verso, 1992)Google Scholar; Roche, M., Rethinking Citizenship: Welfare, Ideology and Change in Modern Society (Cambridge, UK: Polity, 1992)Google Scholar; Shafir, G., ed., The Citizenship Debates: A Reader (Minneapolis, MN: University of Minnesota Press, 1998)Google Scholar; van Steenbergen, B., ed., The Condition of Citizenship (Thousand Oaks, CA: Sage, 1994)Google Scholar; Turner, B. S., ed., Citizenship and Social Theory (London: Sage, 1993).Google Scholar

^7. Some classic works on the transition in Canada from the 19th-century liberal state to 20th-century progressivism are: Armitage, A., Social Welfare in Canada: Ideals and Realities (Toronto: McClelland & Stewart, 1975)Google Scholar; Guest, D., The Emergence of Social Security in Canada (Vancouver: University of British Columbia Press, 1980)Google Scholar; Iacovetta, F., Draper, P. & Ventresca, R., eds., A Nation of Immigrants: Women, Workers, and Communities in Canadian History, 1840s–1960s (Toronto: University of Toronto Press, 1998)Google Scholar; Moscovitch, A. & Alberts, J., eds., The Benevolent State: The Growth of Welfare in Canada (Toronto: Garamond, 1987)Google Scholar; Struthers, J., No Fault of Their Own: Unemployment and the Canadian Welfare State 1914–1941 (Toronto: University of Toronto Press, 1983).Google Scholar

^8. “Canada's Most Serious Problem” Toronto Globe (2 July 1910) NAC. RG 76, vol. 474, file 729921.

^9. Young, Henry Esson, “Presidential Lecture to Canadian Public Health Association, Vancouver” Victoria Daily Colonist (22 June 1920) 5Google Scholar; British Columbia Archives and Records Service [hereinafter BCARS] GR 144, vol. 3, book 1.

^10. Cole, D. & Chaikin, I., An Iron Hand Upon the People: The Law Against the Potlatch on the Northwest Coast (Vancouver: Douglas and Mclntyre, 1990)Google Scholar; Fisher, R., Contact and Conflict: Indian-European Relations in British Columbia, 1774–1890 (Vancouver: University of British Columbia Press, 1979)Google Scholar; Johnston, H., The Voyage of the Komagata Maru: The Sikh Challenge to Canada's Colour Bar, 2d ed. (Vancouver: University of British Columbia Press, 1995)Google Scholar; Roy, P. E., A White Man's Province: British Columbia Politicians and Chinese and Japanese Immigrants, 1858–1914 (Vancouver: University of British Columbia Press, 1989)Google Scholar; Tennant, P., Aboriginal Peoples and Politics: The Indian Land Question in British Columbia, 1849–1989 (Vancouver: University of British Columbia Press, 1990)Google Scholar; Ward, W. P., White Canada Forever: Popular Attitudes Toward Orientals in British Columbia (Montréal: McGill-Queen's University Press, 1990)Google Scholar; Woodcock, G. & Avakumovic, I., The Doukhobors (Toronto: Oxford University Press, 1968).Google Scholar

^11. Creese, G. & Strong-Boag, V., eds., British Columbia Reconsidered: Essays on Women (Vancouver: Press Gang, 1992)Google Scholar; Jolly, M. & Maclntyre, M., eds., Family and Gender in the Pacific: Domestic Contradictions and the Colonial Impact (Cambridge: Cambridge University Press, 1989)CrossRefGoogle Scholar; Kealey, L., ed., A Not Unreasonable Claim: Women and Reform in Canada, 1880s–1920s (Toronto: Women's Press, 1979)Google Scholar; Latham, B. K. & Kess, C., eds., In Her Own Right: Selected Essays on Women's History in B.C. (Victoria: Camosun College, 1980)Google Scholar; Latham, B. K. & Pazdro, R., eds., Not Just Pin Money: Selected Essays on the History of Women's Work in British Columbia (Victoria: Camosun College, 1984)Google Scholar; Perry, A., “‘Fair Ones of A Purer Caste’: White Women and Colonialism in Nineteenth-century British Columbia” (1997) 23 Feminist Studies 501.CrossRefGoogle Scholar

^12. Imai, supra note 2 at 93.

^13. Byron, William, “The Menace of The Alien” (1919) 32 Maclean's Magazine 19 at 19.Google Scholar

^14. The federal ministries responsible for immigration and deportation through the period of this study were: the Department of Agriculture at Confederation, the Department of the Interior commencing in 1892, the Immigration Branch of the DI as of 1893, the Department of Immigration and Colonization from 1917, and finally the Department of Mines and Resources starting in 1936. Immigration Branch, Finding Aid, NAC. RG 76.

^15. Separate statistics on deportations based on insanity and defect were published in Immigration Branch Annual Reports from 1902–1903 to 1915–1916, and again from 1933–1934 to 1938–1939 (excepting the 1936–1937 fiscal year). The numbers for ten additional years (1916–1917 through 1925–1926) were prepared separated by Dominion Statistician R. H. Coats for the BC Royal Commission on Mental Hygiene. Letter from J. Macdonald to R. H. Coats (28 June 1926) BCARS. GR 865, box 1, file 2.

^16. Annual Reports of the Medical Superintendent [hereafter ARMS] Public Hospital for the Insane (to 1923–1924) and Provincial Mental Hospital, Essondale (from 1924–1925) BC Sessional Papers, 1921–1922 to 1937–1938.

^17. Following the closure of the Victoria Lunatic Asylum in 1872, the Public Hospital For the Insane (PHI) in New Westminster was inaugurated in 1878. Subsequently, the Essondale Mental Hospital opened in 1913 on a 1000-acre tract of land in Port Coquitlam; and the Colquitz Mental Home, an institution for male ‘criminally insane’ inmates, operated between 1919 and 1964. See generally Adolph, V., In the Context of its Time: A History of Woodlands (Richmond, BC: Ministry of Social Services, Government of British Columbia, 1996)Google Scholar; Davies, M. J., “The Patients' World: British Columbia's Mental Health Facilities, 1910–1935” (M.A. Thesis, Department of History, University of Waterloo, 1989)Google Scholar; Foulkes, R., “British Columbia's Mental Health Services: Historical Perspectives to 1961” (1961) 20 The Leader 25Google Scholar; Menzies, R., “The Making of Criminal Insanity in British Columbia: Granby Farrant and The Provincial Mental Home, Colquitz, 1919–1933” in Foster, H. & McLaren, J., eds., Essays in the History of Canadian Law: Vol. VI: British Columbia and the Yukon (Toronto: Osgoode Society and University of Toronto Press, 1995), 274.Google Scholar

^18. Whence They Came, supra note 2, c. 7.

^19. As noted below, the length of time in Canada required to establish domicile under the Immigration Act was set at two years in 1906, then raised to three years in 1910 and five years in 1919. See also ibid., c. 2.

^20. Immigration Act. 1869. 32, 33 Vic. c. 10.

^21. Drystek, supra note 2 at 408.

^22. Immigration Act. 1887. 50, 51 Vic. c. 34.

^23. Supra note 17.

^24. G. F. Bodington, ARMS. Provincial Asylum For the Insane. 1896. 60 Vic at 845.

^25. Ibid. 1897. 61 Vic. at 830.

^26. Ibid. 1899. 63 Vic. at 896.

^27. G. H. Manchester, ARMS. Provincial Asylum For the Insane. 1902. 3 Ed. VII at E7.

^28. Case files for British Columbia mental hospital patients discharged prior to 1942 are contained in the GR 2880 records collection of the BCARS. Patient names are initialized in this paper to safeguard confidentiality.

^29. The newspaper source is withheld to protect the individual's identity.

^30. BCARS. GR 419, box 89, file 1900/80; GR 1754, box 6, vol. 10.

^31. These warrants, abolished by Parliament in 1992, mandated the indeterminate confinement “at the pleasure of the Lieutenant-Governor” of persons found not guilty by reason of insanity or unfit to stand trial.

^32. Through the period 1903–1913, in only two years (1907 and 1909) did the annual federal immigration numbers decrease from the prior 12-month figures. See Table 1 below, and Whence They Came, supra note 2 at 38.

^33. Immigration Act, 1902, 2 Ed. VII, c. 14. As Drystek reports (supra note 2 at 410), “regulations were made for the proper inspection of all immigrants by medical officers. Immigrants who were criminals, insane, epileptics, idiots, blind, deaf and dumb, ‘defectives,” advanced consumptives, or suffering from chronic venereal disease were to be refused admission. Those who were deformed, crippled, suffered dangerous, contagious or loathsome diseases not dangerous to life were to be prohibited ‘if they are likely to become a public charge.’” See also Cashmore, E., “The Social Organization of Canadian Immigration Law” (1978) 3:4Canadian Journal of Sociology 409 at 417.CrossRefGoogle Scholar

^34. House of Commons Debates (1906) at 5249.

^35. Immigration Act. 1906. 6 Ed. VII, c. 19. See Drystek, supra note 2 at 414; Imai, supra note 2 at 91.

^36. Immigration Act, ibid. See also Cameron, R., “The Wheat From The Chaff: Canadian Restrictive Immigration Policy, 1905–1911” (M.A. Thesis, Department of History, Concordia University, 1976) at 78 [unpublished].Google Scholar

^37. See Comacchio, C. R., “Nations are Made of Babies”: Saving Ontario's Mothers and Children, 1900–1940 (Montreal: McGill-Queen's University Press, 1993)Google Scholar; Keeping America Sane, supra note 3 at 162; MacMurchy, H., Sterilization? Birth Control? A Book For Family Welfare and Safety (Toronto: Macmillan, 1934)Google Scholar; McConnachie, K. J., “Methodology in The Study of Women in History: A Case Study of Helen MacMurchy” (1983) 75 Ontario History 61Google Scholar; Our Own Master Race, supra note 3 at 28.

^38. Bryce began his career as secretary of the Ontario Board of Health before serving as chief medical officer of the federal Immigration Branch from 1904 to 1921. On the details of his career, see especially Keeping American Sane, ibid. at 144; “Doctors and Deports,” supra note 3.

^39. The quintessential works on Clarke's career are: “Keeping The Young Country Sane,” supra note 3; Keeping America Sane, supra note 3; Greenland, C., Charles Kirk Clarke: A Pioneer of Canadian Psychiatry (Toronto: Clarke Institute of Psychiatry, 1966)Google Scholar; McConnachie, K. J., “Science and Ideology: The Mental Hygiene and Eugenics Movements in The Inter-War Years, 1919–1939” (Ph.D. Dissertation, Department of History, University of Toronto, 1987) [unpublished].Google Scholar

^40. On the work of the National Council of Women, see generally Bacchi, C., “Race Regeneration and Social Purity: A Study of The Social Attitudes of Canada's English-Speaking Suffragettes” (1978) 11 Social History 460Google Scholar; Griffiths, N., The Splendid Vision: Centennial History of the National Council of Women (Ottawa: Carleton University Press, 1993)Google Scholar; Our Own Master Race, supra note 3; Strange, C., Toronto's Girl Problem: The Perils and Pleasures of the City, 1880–1930 (Toronto: University of Toronto Press, 1995)CrossRefGoogle Scholar; Strong-Boag, V., The Parliament of Women: The National Council of Women of Canada, 1893–1929 (Ottawa: National Museum of Man, 1976)CrossRefGoogle Scholar; Valverde, M., The Age of Light, Soap and Water: Moral Reform in English Canada, 1885–1925 (Toronto: McClelland & Stewart, 1991).Google Scholar

^41. Keeping America Sane, supra note 3 at 152.

^42. Examples of his prodigious writings on immigration include: “The Defective and Insane Immigrant” Bulletin of the Ontario Hospitals for the Insane (1908) 2:3; “Canada and Defective Immigration” (1908) 65 American Journal of Insanity 186; “Why Is The Immigration Act Not Enforced?” (1909) 25 Canadian Journal of Medicine and Surgery 251; and “The Defective Immigrant” (1916) 7 Public Health Journal 462.

^43. Kevles, D. J., In the Name of Eugenics: Genetics and the Uses of Human Heredity (New York: Knopf, 1985)Google Scholar; Larson, E. J., Sex, Race, and Science: Eugenics in the Deep South (Baltimore: Johns Hopkins, 1995)Google Scholar; Ludmerer, K. M., Genetics and American Society: A Historical Appraisal (Baltimore: Johns Hopkins, 1972)Google Scholar; Thielman, S. B., “Psychiatry and Social Values: The American Psychiatric Association and Immigration Restriction, 1880–1930” (1985) 48 Psychiatry 299.CrossRefGoogle ScholarPubMed

^44. See generally Keeping America Sane, supra note 3, c. 1, 2, 4.

^45. Supra note 10.

^46. C. E. Doherty, ARMS, Public Hospital For the Insane. New Westminster (1908) D5.

^47. Cameron, supra note 36 at 89. In later years Maclnnes relocated to British Columbia and became a journalist, author and notorious campaigner against Asian immigration. See MacInnes, Tom, Oriental Occupation of British Columbia (Vancouver: Sun, 1927).Google Scholar

^48. Immigration Act. S.C. 1910, 9–10 Ed. VII, c.27, s 3(a). Purloined from the U.S. legislation, s.3(k) added to the list “persons of constitutional psychopathic inferiority” (a term concocted by US-American physician William Healy: see Rafter, N. H., Creating Born Criminals (Urbana: University of Illinois Press, 1997) at 177).Google Scholar There is little evidence that this concept was much invoked in Canada. Indeed, the law's draftsperson, Tom Maclnnes, was later to describe this amendment, along with another excluding “persons with chronic alcoholism,” as “sheer quack-psychology verbiage, by virtue of which any immigration officer with a grouch can put anyone except a Canadian citizen out of Canada.” Maclnnes, ibid. at 120. In retrospect, however, it is difficult to discern how categories such as constitutional psychopathic inferiority and chronic alcoholism were any less nebulous than many of the other reigning psychiatric concepts of the day such as ‘feeblemindedness’ and ‘imbecility’. See, for example, Stephen, J., “The ‘Incorrigible,’ The ‘Bad,’ and The ‘Immoral’: Toronto's ‘Factory Girls’ and The Work of the Toronto Psychiatric Clinic” in Knafla, L. A. & Binnie, S. W. S., eds., Law, Society and the State: Essays in Modern Legal History (Toronto: University of Toronto Press, 1995) 405.Google Scholar For example one is led to speculate, as did one of the reviewers of this article, whether the consuming practices of politicians and medical practitioners might have lain behind this tendency to affirm the pathologies of mental disorder while so readily dismissing the disease model of alcoholism.

^49. Section 23 of the Act, which empowered immigration officers to order the deportation of any prohibited person without recourse to judicial review, was generally known as the “skidoo section.” Maclnnes retrospectively referred to this section as “about the worst thing in which I ever took a hand.” Ibid. at 122.

^50. Immigration Act, supra note 48, s. 25–30.

^51. Ibid. at s. 40. See Keeping America Sane, supra note 3 at 174.

^52. An Act to Amend the Immigration Act, S.C. 1919, c. 25. See Avery, supra note 2; “Shovelling Out The Mutinous,” supra note 2.

^53. Letter from W. D. Scott to H. E. Young (9 July 1907) BCARS. GR 542, box 12, file 4.

^54. According to BC Provincial Secretary J. D. MacLean, in an address to the Kiwanis Club of Victoria, the identification of deportable patients had become a top priority by the 1920s: “The Hospital staff are constantly alert for the citizen of another country who has not been in Canada the five years required by the Dominion Immigration law, and application is made at once for the return of all such cases to the care of his (or her) own country.” “Insane Mostly Foreign Born” Victoria Colonist (2 August 1922) BC ARS. GR 645, file 4.

^55. Immigration Act provisions held the shipping companies responsible for returning those prohibited individuals whom they had transported to Canada. In 1914 the Department of the Interior (then responsible for the Immigration Branch) contributed $50 to the transportation companies if the three-year domicile limit had expired or if the deport was being conveyed by a different shipping line from the original. The Department paid $15 if the deportation was ordered after one year, and made no defrayment at all if repatriation occurred within the first year. Letter from W. D. Scott to P. V. G. Mitchell, White Star-Dominion Line, (14 July 1914) NAC. RG 76, vol. 530, file 803572, pt. 2.

^56. From September 1926 onward, the Immigration Branch began to retain a record of every deportation effected from mental hospitals across the country, by obtaining a copy of the medical reports addressed to Assistant Deputy Health Minister Dr. D. A. Clark. These reports occasionally contained verbatims from the inquiry board hearings, which typically covered at most two or three pages of text. Letter from A. L. Jolliffe to Mr. J. S. Fraser (26 September 1926) NAC. RG 76, vol. 530, file 803572, pt.2.

^57. Escorts comprised one or more immigration officers or designated police officers. Letter from F. C. Blair, Secretary, Immigration Branch to F. E. Lawler, Medical Superintendent, Nova Scotia Hospital, Dartmouth (26 November 1920) NAC. RG 76, vol. 530, file 803572, pt. 1.

^58. Immigration Branch files contain an ongoing correspondence between federal officials and CPR management and agents, in which the latter recurrently expressed their discontent with their compulsory role in transporting insane persons across the country. They were especially frustrated with lack of communication and the occasional failure to provide advanced notice of pending deportations; with the requirement that some aggressive or floridly ill patients be given special treatment or assigned to private compartments; and with the potential for disruption to paying passengers. See generally NAC. RG 76, vol. 530, file 803572.

^59. Patients deported to Newfoundland, for example, were routinely dumped without escort at the Port-aux-Basques steamship terminus, some 500 miles from the mental hospital in St. John's. Letter from A. Reid, Deputy Colonial Secretary, Newfoundland to F. C. Blair (31 March 1922); Letter from R. Thews to A. L. Jolliffe (25 April 1925); Letter from A. L. Jolliffe to R. Thews (18 May 1925) NAC. RG 76, vol. 530, file 803572, pt.1.

^60. George Hannah of the Allan Lines addressed the following to W. D. Scott in August 1909: “This letter is to ask that in future … [a letter] should be sent to Mr. [John] Hoolahan [Dominion Immigration Agent in Montreal] to be delivered with the passenger on board the steamer. … we fear we will be found at fault because we were not aware that M. had been deported until after he had sailed, and hence the doctor was not advised that the passenger had suicidal inclinations and to guard him accordingly.” Letter from Hannah to Scott (14 August 1909) NAC. RG 76, vol. 530, file 803572, pt.1.

^61. W. D. Scott Memorandum (27 January 1911) NAC. RG 76, vol. 530, file 803572, pt.1.

^62. “Doctors and Deports,” supra note 3.

^63. Pagé, J. D.. “Inspection Too Fast, Feeble-Minded Enter; Steamship Arrivals Examined at Four-a-Minute; Not One Specialist Employed” (Speech to Provincial Association for the Care of the Feeble-minded) Toronto Star (1 July 1917) NACRG 76Google Scholar, vol. 530, file. 803572, pt.1.

^64. Ibid. at 31.

^65. Vancouver was assigned a single local Commissioner of Immigration (A. L. Jolliffe, who was succeeded in turn by A. E. Skinner and F. W. Taylor).

^66. Doherty, C. E., ARMS, Public Hospital For the Insane (1918) at V7, 8.Google Scholar

^67. ARMS, Provincial Mental Hospital (1924–1925) at R9.

^68. ARMS, Provincial Mental Hospital (1922–1923) at V9.

^69. H. C. Steeves, “Community Mental Health Problems” (March 1926) Vancouver Medical Association Bulletin 12 BCARS. GR 865, Box 2, File 15.

^70. Order-in-Council: For Edwin James Rothwell (New Westminster), Brigadier-General Victor Wentworth Odium (Vancouver), William Alexander McKenzie (Penticton), Reginald Hayward (Victoria), Paul Phillips Harrison (Cumberland). Signed by William Sloan, Provincial Secretary (30 December 1925) BCARS. GR 865, box 1, file 4. See also “Mental Commission Will Sit Here” Vancouver Sun (31 March 1926) at 11.

^71. Macdonald had been a reporter for the Vancouver Sun, as well as Publicity Commissioner for Parliament in Ottawa. Letter from J. A. Macdonald to J. S. Woodsworth (17 June 1926) BCARS. GR 865, box 1, file 2.

^72. H. P. Davidson, “A Report on the Heredity and Place of Origin of The Patients Admitted to The Provincial Mental Hospitals of British Columbia” (November 1926). BCARS. GR 865, box 2, file 6.

^73. Letter from J. A. Macdonald to P. P. Harrison (28 September 1926) BCARS. GR 865, box 1, file 2.

^74. P. P. Harrison, “Immigration and Its Effects on The Increase of Insanity” (8 January 1927) Report to the B.C. Legislature. Royal Commission on Mental Hygiene GR 865, box 1, file 2.

^75. British Columba, Legislative Assembly, “Royal Commission on Mental Hygiene Report”, Sessional Papers (1927) at CC30.Google Scholar

^76. Letter from A. L. Crease to P. D. Walker (15 February 1932). In response, Deputy Attorney-General O. C. Bass ruled that no such residential prerequisite existed in law. Letter from Bass to Walker (2 April 1932) BCARS. GR 542, box 16, file 7.

^77. BCARS. GR 542, box 17, file 1.

^78. On the history of the CNCMH and the career of Hincks, see, e.g., Keeping America Sane, supra note 3; Griffin, J. D., In Search of Sanity: A Chronicle of the Canadian Mental Health Association (London: Third Eye, 1989)Google Scholar; McConnachie, supra note 39; MacLennan, D., “Beyond The Asylum: Professionalism and The Mental Hygiene Movement in Canada, 1914–1928” (1987) 4 Canadian Bulletin of Medical History 7CrossRefGoogle Scholar; Richardson, T. R., The Century of the Child: The Mental Hygiene Movement and Social Policy in the United States and Canada (Albany: State University of New York Press, 1989)Google Scholar; Roland, C. G., Clarence Hincks: Mental Health Crusader (Toronto: Dundurn, 1990).Google Scholar

^79. Environmental theories, however, could also be mobilized to support arguments in favour of deportation. Witness, for example, Crease's efforts to persuade federal Immigration and Colonization Minister W. A. Gordon that banishment could operate in the best medical interests of his patients: “It is especially noted with mental patients that a change of environment, in other words, their returning home, is a great aid in their compensation. Even though they may have to go to a Mental Hospital for a time, they are so improved by the change that often their stay is only for a short time, and so what appears to be a hardship is in reality a very definite compensation.” Letter from A. L. Crease to W. A. Gordon (20 May 1931) BCARS. GR 542, box 16, file 4.

^80. Supra note 38.

^81. Writing to Parliamentary Under-Secretary for External Affairs Hugh Clark, Scott averred: “I have no doubt that a number of feeble-minded or insane people have got into Canada without detection, or, at least, a number have been found in Canada within 3 years of arrival … [but] … [i]n every case where these have been reported to me we have endeavoured to bring about their deportation ….” Letter from W. D. Scott to Hugh Clark (11 November 1916) NAC. RG 76, vol. 530, file 803572, pt.1.

^82. According to Jolliffe, while “the department does not, of course, claim that the medical inspection is 100 per cent perfect and results in every physical or mental case being discovered at the port of entry, but it is claimed that every reasonable precaution is taken to prevent the admission of persons prohibited on account of physical and mental condition.” Vancouver Sun (1 June 1926) BCARS. GR 865, box 2, file 14.

^83. In his report to the Dominion Council of Health in December 1925, Amyot asserted: “[W]e have a staff developed for the examination of immigrants that we think is a very efficient one … They are skilled and we have been looking for nothing else but defects for the last three or four years, particularly defects coming under the medical sections of the Immigration Act.” BCARS. GR 865, box 1, file 2.

^84. Form 30A was the assessment instrument employed by immigration officers. Letter from J. D. Pagé to A. L. Jolliffe (13 November 1926) NAC. RG 76, vol. 530, file 803572, pt.2.

^85. “Training of Immigration Inspectors in Psychiatry” (October 1920) Mental Hygiene Bulletin at 14. See Godler, supra note 3 at 14.

^86. Amyot, J. A., Presentation to the 13th Meeting of the Dominion Council of Health (Ottawa: 8–10 December 1925).Google Scholar BCARS. GR 865, box 1, file 2.

^87. Keeping America Sane, supra note 3 at 156.

^88. Pagé, who was by this time Chief of the Division of Quarantine and Immigration Medical Inspection for the Department of Health, offered the following logic to the 21st Meeting of the DCH in 1930: “You will, I think at once agree that if there is one class of immigrant against which this country must be guarded it is the mentally defective, not only for its own sake but because of its effect on future generations, through propagation. On the other hand, it must be realized that no class presents so much difficulty in the application of medical knowledge …. You have, for instance, dementia praecox cases which during their lucid intervals often appear mentally brighter than the average normal individual. In the majority of cases this type would in fact escape the attention of the experienced psychiatrist under similar conditions as our medical officers have to work.” Pagé, J. D., Memorandum to Dominion Council of Health (10–12 December 1930)Google Scholar BCARS. GR 2826, box 1, file 4.

^89. Woodsworth, J. S., Strangers Within Our Gates (Toronto: University of Toronto Press, 1972 [1909]) at 229.Google Scholar See Chapman, T., “Early Eugenics Movement in Western Canada” (1977) 25 Alberta History 200 at 203.Google Scholar

^90. Smith, W. G., A Study in Canadian Immigration (Toronto: Ryerson, 1919) at 323.Google Scholar See also (October 1920) 1:2 Mental Hygiene Bulletin BCARS. GR 865, box 2, file 1.

^91. In the intemperate flourish of Dr. John A. MacGregor, in his outgoing presidential address to the Ontario Medical Association in London on 26 May 1925: “Immigration is a crying need in this country. Our expansive fertile fields invite the coming of hundreds of men and women into this land of promise, but we must be very particular regarding the types that we admit. Unfortunately no small percentage of those finding their way here at the present time, and for some time past, have been of a definitely inferior type … The medical profession can perform a lasting public service by bringing the matter to the attention of the Immigration Department, and impressing on them the necessity of more carefully investigating particularly the assisted immigrant, as to his mental status before he leaves his native country.” BCARS. GR 865, box 1, file 2.

^92. Godler, supra note 3 at 14.

^93. See Table 1 above.

^94. Godler, supra note 3 at 15.

^95. See Menzies, R., “Race, Reason and Regulation: British Columbia's Mass Exile of Chinese ‘Lunatics’ Aboard the CPSS Empress of Russia, 9 February 1935” [unpublished manuscript in submission].Google Scholar

^96. Victoria Daily Times (11 February 1935) BCARS. GR 144, book 4.

^97. BCARS. GR 542, Box 21, File 5 and GR 1665, Box 8, File 3; NAC. RG 625, vol. 1803, file 1936–729.

^98. Our Own Master Race, supra note 3 at 66, 165.

^99. Typical of this preoccupation was a flurry of activity in 1935 that involved W. A. Gordon and the provincial premiers and ministers responsible for health. Following years of ambiguity and bickering among the provinces, the Canadian Department of Immigration and Colonization reached an agreement with the United States Immigration Service to the effect that mental cases apprehended in the US would be returned to their province of birth rather than last residence whenever the two differed. Letter from T. Magladery, Deputy Minister of Immigration and Colonization to Premier T. D. Pattullo (23 January 1935) BCARS. GR 542, box 17, file 5.

^100. Letter from Walker to Crease (5 February 1934) BCARS. GR 542, box 17, file 3.

^101. NAC. RG 29, vol. 3091, file 854–4–300.

^102. Department of Citizenship and Immigration, Operations Memorandum. (28 July 1964)Google Scholar; ibid.

^103. Immigration Act, SC 1976, c.52.

^104. On medical provisions contained in the Immigration Act, see generally Galloway, D., Immigration Law (Toronto: Irwin, 1997) at 129Google Scholar; Marrocco, F. N. & Goslett, H. M., The Annotated Immigration Act of Canada (Toronto: Carswell, 1994) at 86, 97, 380.Google Scholar

^105. Supra note 103, s.11(1)(3).

^106. In one sample year (1987–1988), there were 2,270,648 examinations of persons seeking entry to Canada, and 41,498 reports on those suspected of being inadmissible. Annual Report: Canadian Department of Employment and Immigration. 1987–88 (Ottawa: Queen's Printer, 1989) [hereinafter ARCDEI].

^107. Supra note 103, s. 91(1).

^108. Immigration Act, 1992, c.49, s. 19.

^109. In the nine-year period from 1980–1981 through 1988–1989, for example, 36,794 individuals were the subjects of deportation orders, departure notices or exclusion orders. Supra ARCDEI, 1980–1981 to 1988–1989, supra note 106.

^110. “Outlook Called Grim for Schizophrenic Man Deported to Scotland” Vancouver Sun (31 May 1997) A7; Struzik, Ed., “Schizophrenic Man Faces Battle to Stay in Canada” Vancouver Sun (16 February 1998) A7.Google Scholar