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Chinese Immigration Act

The Chinese Immigration Act of 1923, known also as the Chinese Exclusion Act, banned the entry of virtually all Chinese immigrants for 24 years. Although migration into Canada from most countries was controlled or restricted in some way, only Chinese people were singled out completely from entering on the basis of race. The four exceptions to the exclusion were students, merchants (excluding laundry, restaurant and retail operators), diplomats and Canadian-born Chinese returning from education in China. The limit on absence from Canada was two years, and the consequence for not returning on time was being barred re-entry. Additionally, every person of Chinese descent, whether Canadian-born or naturalized, was required to register for an identity card within 12 months. The penalty for noncompliance was imprisonment or a fine of up to $500. Though the Act was repealed in 1947, immigration restrictions on the basis of race and national origin were not fully scrubbed until 1967.

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Chinese Head Tax in Canada

The Chinese head tax was enacted to restrict immigration after Chinese labour was no longer needed to build the Canadian Pacific Railway. Between 1885 and 1923, Chinese immigrants had to pay a head tax to enter Canada. The tax was levied under the Chinese Immigration Act (1885). It was the first legislation in Canadian history to exclude immigration on the basis of ethnic background. With few exceptions, Chinese people had to pay at least $50 to come to Canada. The tax was later raised to $100, then to $500. During the 38 years the tax was in effect, around 82,000 Chinese immigrants paid nearly $23 million in tax. The head tax was removed with the passing of the Chinese Immigration Act in 1923. Also known as the Chinese Exclusion Act, it banned all Chinese immigrants until its repeal in 1947. In 2006, the federal government apologized for the head tax and its other racist immigration policies targeting Chinese people.

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Immigration Policy in Canada

Immigration policy is the most explicit part of a government's population policy. In a democratic state such as Canada, immigration (migrants entering Canada) – is the most common form of regulating the population. Since Confederation, immigration policy has been tailored to grow the population, settle the land, and provide labour and financial capital for the economy. Immigration policy also tends to reflect the racial attitudes or national security concerns of the time.

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Immigration in Canada

The movement of nationals of one country into another for the purpose of resettlement is central to Canadian history. The story of Canadian immigration is not one of orderly population growth; it has been and remains both a catalyst to Canadian economic development and a mirror of Canadian attitudes and values; it has often been unashamedly and economically self-serving and ethnically or racially biased.

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Order-in-Council P.C. 1911-1324 — the Proposed Ban on Black Immigration to Canada

Order-in-Council P.C. 1324 was approved on 12 August 1911 by the Cabinet of Prime Minister Sir Wilfrid Laurier. The purpose of the order was to ban Black persons from entering Canada for a period of one year because, it read, “the Negro race…is deemed unsuitable to the climate and requirements of Canada.” The order-in-council was the culmination of what researcher R. Bruce Shepard has called Canada’s “campaign of diplomatic racism.” Though the order never became law, the actions of government officials made it clear that Black immigrants were not wanted in Canada (see Immigration).

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Murder of Reena Virk

Reena Virk, a 14-year-old of South Asian origin, was savagely beaten and murdered by teenaged attackers in November 1997 in a suburb of Victoria, British Columbia. The crime horrified Canadians and attracted international media attention because of the brutality of the killing as well as the youth of Virk and those who attacked her. It prompted a national conversation about teenaged bullying and racism, led in part by Virk’s parents, who became anti-bullying campaigners in the wake of their daughter’s murder.

This article contains sensitive material that may not be suitable for all audiences.

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War Measures Act

The War Measures Act was a federal law adopted by Parliament on 22 August 1914, after the beginning of the First World War. It gave broad powers to the Canadian government to maintain security and order during “war, invasion or insurrection.” It was used, controversially, to suspend the civil liberties of people in Canada who were considered “enemy aliens” during both world wars. This led to mass arrests and detentions without charges or trials. The War Measures Act was also invoked in Quebec during the 1970 October Crisis. The Act was repealed and replaced by the more limited Emergencies Act in 1988.

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Constitution of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

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Canadian Citizenship

Canadian citizenship was first created in 1947 by the Canadian Citizenship Act. Today's version of the law says both Canadian-born and naturalized citizens are equally entitled to the rights of a citizen, and subject to the duties of a citizen. In 2014, the Strengthening Canadian Citizenship Act brought about the first significant amendments to the Citizenship Act since 1977. However, these changes were repealed or amended by legislation passed in 2017.

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Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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Treaty 3

On 3 October 1873, some Saulteaux peoples (an Ojibwe people) and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern  Manitobain exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight Numbered Treaties that followed. (See also Treaties with Indigenous Peoples in Canada.)

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McIvor Case

The McIvor v. Canada case was about gender discrimination in section 6 of the 1985 Indian Act, which deals with Indian status. Sharon McIvor — a woman who regained status rights after the passing of Bill C-31 in 1985 — was not able to pass on those rights to her descendants in the same way that a man with status could. In her case against the federal government, the British Columbia Supreme Court ruled in 2007 that section 6 did, in fact, deny McIvor’s equality rights under the Canadian Charter of Rights and Freedoms. In response to this case, the federal government introduced new legislation (Bill C-3) in 2011 to counter gender discrimination in the Indian Act.

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Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

(This article is a plain-language summary of Enfranchisement. If you are interested in reading about this topic in more depth, please see our full-length entry Enfranchisement).

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Constitutional Act, 1791

The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.