The Journey to a Cultural Mosaic: Discriminatory History of Chinese People in Canadian Immigration Law

By Noelle Andrego

Currently ranked as the second-best country in the world, Canada is a highly sought after country to live in.[1] Thus, it comes as no surprise that Canada received approximately 470,000 immigrants in 2022-2023.[2] With more than eight million immigrants now residing permanently in Canada, approximately 20% of its population is immigrants; this is one of the highest ratios seen across all countries.[3] Perhaps this is attributed to Canada’s dedication to multiculturalism.[4] In fact, Canada has embraced the idea of a “cultural mosaic.”[5] In contrast to countries, such as the United States, that refer to their culture as a “melting pot,” Canada has historically used the mosaic metaphor with a strong belief that diversity “maintains a strength that can't be maintained if everything is melted down."[6] Canada enacted the Canadian Multiculturalism Act in 1988, which clearly stated its purpose to “recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage.”

            The Immigration and Refugee Protection Act (IRPA) is a main source of law governing immigration matters in Canada.[7] It vests the Immigration and Refugee Board of Canada the power to hear and rule on immigration and refugee cases and establishes the governing principles.[8] The IRPA became effective on June 28, 2002, but has since undergone significant amendments.[9] The objectives of the IRPA as it relates to immigration include permitting Canada “to pursue the maximum social, cultural and economic benefits of immigration,” “to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada,” and “to promote the successful integration of permanent residents into Canada.”[10] As it related to refugees, the objectives of the IRPA include “offering protection to the displaced and persecuted,” and “grant[ing], as a fundamental expression of Canada’s humanitarian ideals, fair consideration to those who come to Canada claiming persecution.”[11]

While Canada’s immigration policies are praised today, and the laws in place seem extraordinarily inclusive, Canada wasn’t always so welcoming and has an extensive history of discrimination.[12] In fact, Canadian policies from the nineteenth and early twentieth centuries entirely prevented immigration by certain groups, such as non-Europeans, non-Christians, and sick or disabled people.[13]

The first Immigration Act was passed in 1869 following Confederation, which mainly focused on ensuring immigrants were not exploited upon arrival to Canada.[14] But attitudes changed in the 1880’s when a large number of Chinese labourers made their way to Canada’s west coast to assist with constructing the Canadian Pacific Railway.[15] While they were needed as labourers, they were deemed undesirable by the white politicians and citizens of Canada’s western provinces due to their Chinese decent.[16] As a result, the first Canadian legislation permitting exclusion based solely on national origin was enacted: the Chinese Immigration Act of 1885.[17] This Act imposed a $50 head tax on every Chinese person seeking entry into Canada throughout the construction of the railway, and this head tax continued to rise over the coming years to $500.[18] However, this head tax did not deter nor limit Chinese immigration as much as was desired.[19]

Pictured is Matthew Yan holding the identification card of his father, who paid $500 to enter Canada in accordance with the Chinese Immigration Act. Image courtesy of The Conversation Journal.

Additionally, Canadians who were of Asian origin were not allowed to vote in either federal or provisional elections.[20] The Electoral Franchise Act of 1885 was put into effect to ensure all Chinese immigrants were not able to vote in federal elections.[21] Moreover, the 1920 Dominion Elections Act took federal voting rights away from individuals who were denied provincial voting rights due to their race.[22]

Furthermore, in 1923, Canada effectively prohibited Chinese immigration all together with what is known as the “Chinese Exclusion Act.” [23] It was passed by Prime Minister William Lyon Mackenzie King in response to urges from citizens to tighten the regulations and limit Chinese immigration.[24] While repealing the entrance duty requirements, the Chinese Exclusion Act narrowly defined the acceptable categories of eligible Chinese immigrants to a point where it was near impossible to enter Canada as a Chinese person.[25] Namely, under this Act, “only Chinese diplomats, government representatives, merchants, Christian missionaries, teachers, Chinese students, children born in Canada who had left for educational or other purposes, and returning Chinese immigrants” were eligible to come to Canada.[26] As a result, less than fifty Chinese immigrants were admitted to enter Canada in the twenty-four years the Act was in effect.[27]

Moreover, all Chinese people living in Canada, even if they were born in Canada, had to register with the government or face consequences ranging from fines to deportation.[28] Namely, they were required to register and carry photo identification as evidence of their compliance with the regulations of the Chinese Exclusion Act.[29] Because the Chinese Exclusion Act passed into law on July 1, 1923, it lined up with Dominion Day, which celebrates the anniversary of Canadian Confederation (now commonly known as Canada Day).[30] Accordingly, the Chinese community referred to this day, instead, as “Humiliation Day” and refused to participate in Dominion Day celebrations for many years, as the Act and its requirements were thought of as the “ultimate form of humiliation.”[31] The Chinese Exclusion Act was eventually repealed in 1947.[32]

Following the blatant discrimination against Chinese people, the Canadian Government made an apology in the House of Commons.[33] Namely, in 2006, Prime Minister Stephen Harper expressed his sorrow by stating, "[f]or over six decades, these malicious measures, aimed solely at the Chinese, were implemented with deliberation by the Canadian state. This was a grave injustice, and one we are morally obligated to acknowledge.”[34] The Canadian government also stated that it intended to offer symbolic payments of $20,000 to Chinese head taxpayers or to the living relatives of deceased taxpayers.[35] On a larger scale, the Canadian government also pledged to establish a 24-million dollar “community historical recognition program” to provide funding for community projects relating to wartime measures and immigration restrictions.[36]

What is now considered a cultural mosaic, was once a highly discriminatory nation. Chinese people, in particular, faced significant acts of discrimination and racism.[37] Despite the challenges faced in Canada, the Chinese community persevered and continued to settle in Canada, preserving many cultural traditions.[38] As a result, Chinese people have greatly influenced and enriched Canadian society and have become an “integral part of the Canadian mosaic.”[39]

[1] U.S. News Best Countries, U.S.News, https://www.usnews.com/news/best-countries/rankings (last visited Jan. 26, 2024).

[2] Statista Rsch. Dep’t, Immigration in Canada, Statista (Jan. 25, 2024), https://www.statista.com/topics/2917/immigration-in-canada/#topicOverview.

[3] Id.

[4] Amelia Cheatham & Diana Roy, What Is Canada’s Immigration Policy?, Council on Foreign Rels. (Mar. 7, 2023, 2:30 PM), https://www.cfr.org/backgrounder/what-canadas-immigration-policy.

[5] Howard Schneider, Canada: A Mosaic, Not a Melting Pot, The Washington Post (July 5, 1998), https://www.washingtonpost.com/archive/politics/1998/07/05/canada-a-mosaic-not-a-melting-pot/8a4998ed-b04b-491e-b72e-1ef4d8e96d84/.

[6] Id.

[7] Acts, Rules and Regulation, Immigr. & Refugee Bd. of Can., https://www.irb-cisr.gc.ca/en/legal-policy/act-rules-regulations/Pages/index.aspx (last visited Jan. 25, 2024).

[8] Id.

[9] Id.

[10] Immigration and Refugee Protection Act, Gov’t of Can., https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-1.html#h-274068 (last visited Jan. 25, 2024).

[11] Id.

[12] Cheatham & Roy, supra note 4.

[13] Gerald E. Dirks, Immigration Policy in Canada, The Canadian Encyclopedia (Feb. 7, 2006), https://www.thecanadianencyclopedia.ca/en/article/immigration-policy#:~:text=Under%20a%20revised%20Immigration%20Act,World%20War%2C%20such%20as%20Austrians%2C.

[14] Lindsay Van Dyk, Canadian Immigration Acts and Legislation, Canadian Museum of Immigr. at Pier 21, https://pier21.ca/research/immigration-history/canadian-immigration-acts-and-legislation#:~:text=Summary,prominent%20in%20Canadian%20immigration%20policy (last visited Jan. 26, 2024).

[15] Id.

[16] Id.

[17] Significant events in the history of Asian communities in Canada, Gov’t of Can., https://www.canada.ca/en/canadian-heritage/campaigns/asian-heritage-month/important-events.html (Last visited Jan. 24, 2024).

[18] Id.

[19] Daniel Meister et al., Chinese Immigration Act, 1923, Canadian Museum of Immigr. at Pier 21, https://pier21.ca/research/immigration-history/chinese-immigration-act-1923 (Last visited Jan. 26, 2024).

[20] Government of Canada, supra note 17.

[21] The Evolution of the Federal Franchise, Elections Can. (Dec. 2014), https://www.elections.ca/content.aspx?section=vot&dir=bkg&document=ec90785&lang=e.

[22] Id.

[23] Exclusion of Chinese Immigrants (1923-1947) National Historic Event, Gov’t of Can., https://parks.canada.ca/culture/designation/evenement-event/exclusion-chinois-chinese (Aug. 2, 2023).

[24] Meister et al., supra note 19.

[25] Id.

[26] Government of Canada, supra note 23.

[27] Government of Canada, supra note 17.

[28] Government of Canada, supra note 23.

[29] Meister et al. supra note 19.

[30] Government of Canada, supra note 17.

[31] Id.

[32] Id.

[33] Id.

[34]Prime Minister Harper Offers Full Apology for the Chinese Head Tax, Gov’t of Can. (June 22, 2006), https://www.canada.ca/en/news/archive/2006/06/prime-minister-harper-offers-full-apology-chinese-head-tax.html.

[35] Id.

[36] Id.

[37] Peng Sun, From Discrimination to Integration: A History of Chinese Immigration in Canada (2023).

[38] Id.

[39] Id.