Repeal & Legacies of Exclusion

Chinese Canadians actively lobbied against the Exclusion Act throughout the Exclusion Era. Both the repeal of the Act and the rights that were granted to Chinese Canadians following the repeal of the Act were influenced by community efforts to advocate for the rights of Chinese Canadians. The Chinese Immigration Act once banned Chinese immigrants from entering Canada (while the Electoral Franchise Act of 1885 excluded Chinese people from voting) and its repeal happened partly due to lobbying efforts by the Committee for the Repeal of the Chinese Immigration Act.

Even after the repeal of the Exclusion Act in 1947, it would be years before Chinese men with a family in China could be reunited with their families in Canada, if at all. Although the repeal meant that nominally, Chinese migrants could begin entering the country, the Canadian government kept restrictions on family reunification.

After repeal, the criteria for Chinese immigration (Order in Council, PC 2115) stipulated that Chinese Canadians applying to sponsor their family members for immigration had to be Canadian citizens. As well, they could only sponsor their spouse and unmarried children under the age of 18. Adopted children were not counted as children under this particular piece of legislation, and non-immediate family members, such as parents, were barred from sponsorship as well. Families applying for sponsorship had to prove their children’s parentage and age; if their evidence was deemed inadequate, or customs officials decided that they were lying, their sponsorship application would be rejected.

The process of applying for and being granted sponsorship was also slow. It frequently took six months or more for applications to be seen by immigration officers. Thus, unmarried children under the age of 18 sometimes aged out of eligibility while their application was waiting to be seen. For example, Chinese Canadian genealogist Linda Yip found that even nine months after the repeal in May 1947, “no immigrants had been approved for arrival–not one wife, not one child.”

Activism

Chinese Canadians were not just passive victims of racism. In reaction to a plethora of discriminatory legislations – including and beyond immigration policies – Chinese Canadians demonstrated their agency in the many avenues through which they contested their oppression. These include, but are not limited to, the following examples below.

The Committee for the Repeal of the Chinese Immigration Act

In 1942, Kew Dock Yip (one of Yip Sang’s sons who became a lawyer) and lawyer Irving Himel were both serving in the military with the Queen’s Own Rifles Reserves when they created a plan to advocate for the repeal of the Exclusion Act. In November 1946, the two created the Committee for the Repeal of the Chinese Immigration Act, which would later grow to include 79 members. Certain political groups, activists for women’s rights, labour and trade councils, and religious groups joined the Committee’s cause, showing that the efforts of Canadians from various walks of life led to the eventual repeal of the Chinese Immigration Act in 1947. The following year, the government repealed the Dominion Elections Act, allowing Chinese Canadians to vote in federal elections.

Vancouver Chinatown’s Barbecue Meats Protest

A 1968 by-law from the City of Vancouver stated that perishable meats were required to be kept at above 60˚C or below 4°C. This by-law, which was then selectively applied to meat shops found in Chinatown, resulted in the closure of five shops. The two meat shops that remained then closed their doors in solidarity, which marked the beginning of a ten-year movement led by merchants, activists and community leaders. In a campaign that supported the sale of barbecue meats in Chinatowns across the country, the movement found its way to Parliament Hill. Chinatown merchants hosted a reception to  prove to members of Parliament that their products were safe and of high quality. The movement was ultimately successful, as the by-law was revised.

Gim Wong’s “Ride for Redress”

In June 2005, Gim Wong, an 82-year-old World War Two veteran, sought an apology and compensation from the federal government for the head tax, on behalf of the Chinese Canadian community. Wong rode his motorbike across the country from Victoria to Ottawa, during which he suffered falls and illness. Upon his arrival in Ottawa on Canada Day, he was met with security forces who stopped him from stepping onto the main stage for his cause. Although Gim Wong’s “Ride for Redress” initially seemed to have failed, less than a year later Prime Minister Stephen Harper issued an official apology towards Chinese Canadians and promised compensation in the form of community projects that would educate about Canada’s history of discriminatory practices. Gim Wong’s efforts would become known as an important moment in the Head Tax Redress movement.

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