The ''Chinese Immigration Act, 1885'' was a Canadian
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
that placed a
head tax
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
of $50 () on all
Chinese immigrants
Overseas Chinese () refers to people of Chinese birth or ethnicity who reside outside Mainland China, Hong Kong, Macau, and Taiwan. As of 2011, there were over 40.3 million overseas Chinese.
Terminology
() or ''Hoan-kheh'' () in Hokkien, ref ...
entering Canada. It was based on the recommendations published in the
Royal Commission on Chinese Immigration in 1885. Assented on 20 July 1885, the intention of the Act was stated explicitly in its heading: "to restrict and regulate Chinese immigration into Canada."
[
] It followed the U.S.
Chinese Exclusion Act
The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law excluded merchants, teachers, students, travelers, and diplom ...
, which was passed in 1882.
History
In the early 1880s, during the construction of the
Canadian Pacific Railway
The Canadian Pacific Railway (french: Chemin de fer Canadien Pacifique) , also known simply as CPR or Canadian Pacific and formerly as CP Rail (1968–1996), is a Canadian Class I railway incorporated in 1881. The railway is owned by Canadi ...
, as many as 17,000 Chinese immigrants came to Canada to work as
labourers
A laborer (or labourer) is a person who works in manual labor types in the construction industry workforce. Laborers are in a working class of wage-earners in which their only possession of significant material value is their labor. Industries e ...
. Many individuals arrived from China, but others came from American states that included Washington, Oregon, and California, following their work on railroads and in mining camps.
The arrival of the Chinese in Canada was partially the result of a demand for cheap labour in the West. Major labour shortages in British Columbia threatened the economic viability of Canada. Thus, as a way to bring the West economic efficiency, Chinese immigration was encouraged in the early 1880s. Furthermore, the
Canadian Pacific Railway
The Canadian Pacific Railway (french: Chemin de fer Canadien Pacifique) , also known simply as CPR or Canadian Pacific and formerly as CP Rail (1968–1996), is a Canadian Class I railway incorporated in 1881. The railway is owned by Canadi ...
, also called the CPR, was formed to physically unite Canada, and industrialists desired cheap labour to complete its construction. Founded in 1881, the CPR was completed on November 7, 1885, "six years ahead of schedule, when the last spike was driven at Craigellachie, B.C." Following its completion, the demand for Chinese immigration decreased significantly.
Immigration to Canada also resulted from troubling political and social circumstances in China.
Over 44, 000 immigrants arrived in Canada between 1858 and 1923,
most of whom were “male, relatively uneducated, and unskilled.”
Most Chinese immigrants during this period resided in the province of British Columbia, particularly in the cities of New Westminster and Victoria.
In addition to their work on the CPR, early immigrants were employed in occupations that included mining, forestry, and fishing.
Although initially welcome in Canada, an increasing fear that immigrants would take jobs from Canadians, as well as a fear of Chinese people in general,
resulted in the ostracization of the Chinese community and calls for immigration reform. They were also said to be "subject to loathsome diseases and demoralising habits"
and considered to be an "unassimilable people."
As a result of the public's distrust of Chinese immigrants, the province of British Columbia reconsidered their legal status between the years 1872 and 1885.
In 1884, for example, British Columbia's Legislature attempted to "prevent their immigration, to impose an annual poll tax of $10, and to forbid their acquisition of Crown Lands."
The Royal Commission
Dissatisfaction with Chinese immigration grew, and in 1885, a
Royal Commission was appointed to obtain proof that restricting Chinese
immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
would be in the best interests of the country. Prime Minister
John A. Macdonald
Sir John Alexander Macdonald (January 10 or 11, 1815 – June 6, 1891) was the first prime minister of Canada, serving from 1867 to 1873 and from 1878 to 1891. The dominant figure of Canadian Confederation, he had a political career that sp ...
originally refused to introduce prohibitive measures, but eventually yielded and appointed the commission. The commission was entitled the
Royal Commission on Chinese Immigration in 1885, and interviewed hundreds of people with the goal of understanding the majority's view on Chinese immigration.
The Commission was led by
Joseph-Adolphe Chapleau
Sir Joseph-Adolphe Chapleau (November 9, 1840 – June 13, 1898), born in Sainte-Thérèse, Quebec, was a French-Canadian lawyer and politician who served as the 7th Lieutenant Governor of Quebec from 1892 to 1898.
Life
As a lawyer, he defen ...
and
John Hamilton Gray John Hamilton Gray may refer to two 19th-century Canadian politicians:
*John Hamilton Gray (Prince Edward Island politician) (1811–1887), Premier of Prince Edward Island
*John Hamilton Gray (New Brunswick politician)
John Hamilton Gray, (1 ...
, who gathered testimony regarding Chinese immigration at
public hearings
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.
Description
A hearing is generally distinguished from a trial in that it is usually shorter and ...
across
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
and compared these testimonies to those gathered on the
Pacific Coast
Pacific coast may be used to reference any coastline that borders the Pacific Ocean.
Geography Americas
Countries on the western side of the Americas have a Pacific coast as their western or southwestern border, except for Panama, where the Pac ...
of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. The testimonies of 51 people were submitted. Only two Chinese witnesses were consulted: two officials from the Chinese Consulate in
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
. Multiple viewpoints were reported, including some in favour of Chinese immigration on an economic efficiency scale. However, the overall consensus on the state of Chinese immigration was a vocalized demand for its restriction. Claims against the Chinese were slanderous and were found to have little evidence behind them. Despite this, the Commission recommended a moderate legislation against Chinese immigration and proposed a $10
head tax
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
.
Implementation
![Chinese Immigration Act of 1885 certificate VPL 30625](https://upload.wikimedia.org/wikipedia/commons/b/bd/Chinese_Immigration_Act_of_1885_certificate_VPL_30625.jpg)
The ''Chinese Immigration Act, 1885'' was enacted as a result of the findings of the Commission. The Act imposed a $50
head tax
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
on Chinese immigrants, with the exceptions of
diplomat
A diplomat (from grc, δίπλωμα; romanized ''diploma'') is a person appointed by a state or an intergovernmental institution such as the United Nations or the European Union to conduct diplomacy with one or more other states or internati ...
s, government representatives,
tourists
Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism mo ...
,
merchant
A merchant is a person who trades in commodities produced by other people, especially one who trades with foreign countries. Historically, a merchant is anyone who is involved in business or trade. Merchants have operated for as long as indust ...
s, scientists, and
student
A student is a person enrolled in a school or other educational institution.
In the United Kingdom and most commonwealth countries, a "student" attends a secondary school or higher (e.g., college or university); those in primary or elementar ...
s. The imposed duty of $50 was a significant increase from the $10 duty recommended by the Royal Commission.
This piece of legislation became the first in Canada's history to exclude immigrants on the basis of their ethnic origin. It also defined "Chinese Immigrant" in section one as "The expression 'Chinese Immigrant' means any person of Chinese origin entering Canada and not entitled to the privilege of exemption provided for by section four of this Act."
Furthermore, vessels that were transporting Chinese immigrants were permitted to only carry one Chinese immigrant per fifty tonnes of the ship's weight. This law also prevented any Chinese immigrant who suffered from a
contagious disease
A contagious disease is an infectious disease that is readily spread (that is, communicated) by transmission of a pathogen through contact (direct or indirect) with an infected person.
A disease is often known to be contagious before medical s ...
, such as
leprosy
Leprosy, also known as Hansen's disease (HD), is a long-term infection by the bacteria ''Mycobacterium leprae'' or ''Mycobacterium lepromatosis''. Infection can lead to damage of the nerves, respiratory tract, skin, and eyes. This nerve damag ...
, or any Chinese woman who was known to have been a
prostitute
Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penet ...
. Therefore, the Act limited the number of Chinese immigrants to the extent that a 300-ton ship could only carry six Chinese immigrants to Canada. Despite mass fervour toward the banning of Chinese immigrants in 1885, due to Canada being a
colony
In modern parlance, a colony is a territory subject to a form of foreign rule. Though dominated by the foreign colonizers, colonies remain separate from the administration of the original country of the colonizers, the ''metropole, metropolit ...
under
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
, the passing of Chinese exclusion would not be possible. This was because the banning of Chinese immigrants did not fall with British interests at the time.
The Act was amended in 1887 to allow Chinese women who were married to non-Chinese men to enter Canada, as well as Chinese passing through Canada via the railway. An additional amendment in 1892 required Chinese residents of Canada who wished to temporarily leave the country to register with an immigration official prior to their departure.
In 1900, the
head tax
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
was raised to $100 by Prime Minister
Wilfrid Laurier
Sir Henri Charles Wilfrid Laurier, ( ; ; November 20, 1841 – February 17, 1919) was a Canadian lawyer, statesman, and politician who served as the seventh prime minister of Canada from 1896 to 1911. The first French Canadian prime minis ...
, due to a still growing influx of Chinese immigrants. In 1903, this was further raised to $500, “An equivalent of two year’s wages for a Chinese labourer.”
Companies in short supply of cheap labour would often advance this money to bring Chinese immigrants to Canada.
The Act was eventually superseded in 1923 by the
Chinese Immigration Act, 1923
The Chinese Immigration Act, 1923, known today as the Chinese Exclusion Act (the duration of which has been dubbed the Exclusion Era), was an act passed by the government of Liberal Prime Minister William Lyon Mackenzie King, banning most forms o ...
, also known as the Chinese Exclusion Act, which banned Chinese immigration entirely.
Aftermath and legacy
Following the implementation of the ''Chinese Immigration Act, 1885'', prejudice against the Chinese grew across Canada. During the 1890s, for example, labour organizers in cities that included Quebec City, Montreal, and Toronto objected to Chinese immigration.
Numerous riots occurred across the country to protest the presence of Chinese people in economic and social settings. In 1887, a riot occurred in Vancouver in protest of Chinese land clearing crews.
In 1907, another riot occurred in Vancouver in which participants protested all Chinese immigration.
Numerous Canadian provinces disenfranchised the Chinese or placed heavy restrictions on them in the late nineteenth and early twentieth centuries. The province of Saskatchewan disenfranchised them in 1908.
The province of British Columbia placed various restrictions on them, including "Natal Acts," which incorporated a language test that was created to prevent the immigration of Chinese people to the province.
Thus, the Act contributed to anti-Chinese sentiment across Canada.
Although the ''Chinese Immigration Act, 1923'' was repealed in 1947, restrictions remained in place during the 1950s and 1960s. For example, immigration remained limited to the wives of Chinese Canadian citizens and their unmarried children under the age of eighteen.
Several notable Canadian politicians protested these policies. These included
John Diefenbaker
John George Diefenbaker ( ; September 18, 1895 – August 16, 1979) was the 13th prime minister of Canada, serving from 1957 to 1963. He was the only Progressive Conservative party leader between 1930 and 1979 to lead the party to an electio ...
, a member of the Progressive Conservative party who was very supportive of human rights, and
Stanley Knowles
Stanley Howard Knowles (June 18, 1908 – June 9, 1997) was a Canadian parliamentarian. Knowles represented the riding of Winnipeg North Centre from 1942 to 1958 on behalf of the Co-operative Commonwealth Federation (CCF) and again from 1 ...
, a member of the CCF who protested the unequal treatment of the Chinese.
As a result of protest against strict immigration regulations, during the late 1960s, the Canadian government altered their policies to include immigrants who were admitted to the country based on "their skills and the capital they had for investment" as opposed to their "family relationships."
In the 1980s, voices for redress emerged in the Chinese-Canadian community. Organizations that strove for promoting the rights of all individuals, particularly those of Chinese Canadians, encouraged their full and equal participation in Canadian society.
In the 1980s, the
Chinese Canadian National Council
The Chinese Canadian National Council (CCNC) (french: Conseil national des Canadiens chinois pour la justice sociale), known in the Chinese-Canadian community as Equal Rights Council (平權會), is an organization whose purpose is to promote eq ...
, or CCNC, began to collect head tax certificates, and in 1984 "the CCNC presented the government with a list of names of 2,300 surviving Chinese who had each paid a head tax."
A subsequent survey by the CCNC "found that of the 867 respondents who completed the questionnaire, forty-six percent were in favor of an official apology and a symbolic redress to the individual victims, while thirty-eight percent also supported some form of community redress."
In 1990, the CCNC successfully lobbied for political endorsement for a redress. By 1993, a redress proposal was submitted to the representatives of five groups, including Chinese Canadians. At this time, the redress only offered an omnibus apology. The offer was rejected by the Chinese Canadian groups, and no resolutions were made that federal term.
As a result of the Act and its imposed head tax, a redress, with apologies and compensations, took place only officially in 2006. After the election of the minority Conservative government in 2006, Stephen Harper affirmed his position on Chinese immigration:
Chinese Canadians are making an extraordinary impact on the building of our country. They've also made a significant historical contribution despite many obstacles. That's why, as I said during the election campaign, the Chinese Canadian community deserves an apology for the head tax and appropriate acknowledgement and redress.
Effective August 29, 2006, Canada's redress program combined "payments to individual head tax payers, (or, if the payer is deceased, to their spouse) with funding for educative and commemorative programs."
Significance
The ''Chinese Immigration Act, 1885'' carried great weight as a result of it being the first of its kind in Canada's history and subsequently laying down the foundations for future exclusionary policies and acts. The act laid down the legal framework for head taxes, which were later refined even more harshly. As such, immigration from China was greatly reduced until the 1940s.
The aim of establishing a "white" society for Canada, as Kenneth Munro explains, "such discrimination flew in the face of that crucial premise of Canadian nationhood, namely, respect for diversity of culture and traditions."
[Kenneth Munro, "The Chinese Immigration Act, 1885: Adolphe Chapleau and the French Canadian Attitude," ''Canadian Ethnic Studies,'' no. 3 (1 January 1987): 90.]
See also
*
Lost Years: A People's Struggle for Justice
*
Chinese Canadian
, native_name =
, native_name_lang =
, image = Chinese Canadian population by province.svg
, image_caption = Chinese Canadians as percent of population by province / territory
, pop = 1,715,7704.63% of the ...
*
Chinese Exclusion Act (United States)
The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law excluded merchants, teachers, students, travelers, and diplom ...
*
Royal Commission on Chinese Immigration of 1885
*
Chinese Immigration Act, 1923
The Chinese Immigration Act, 1923, known today as the Chinese Exclusion Act (the duration of which has been dubbed the Exclusion Era), was an act passed by the government of Liberal Prime Minister William Lyon Mackenzie King, banning most forms o ...
*
Head tax (Canada)
The Chinese Head Tax was a fixed fee charged to each Chinese person entering Canada. The head tax was first levied after the Canadian parliament passed the Chinese Immigration Act of 1885 and it was meant to discourage Chinese people from enterin ...
*
Human rights in Canada
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather t ...
*
Immigration
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
*
Immigration to Canada
According to the 2021 Canadian census, immigrants in Canada number 8.3 million persons and make up approximately 23 percent of Canada's total population. This represents the eighth-largest immigrant population in the world, while the proport ...
*''
Moving the Mountain''
*
White Australia policy
The White Australia policy is a term encapsulating a set of historical policies that aimed to forbid people of non-European ethnic origin, especially Asians (primarily Chinese) and Pacific Islanders, from immigrating to Australia, starting i ...
References
{{DEFAULTSORT:Chinese Immigration Act Of 1885
*
Canadian federal legislation
History of immigration to Canada
1885 in Canadian law
Legal history of Canada
History of human rights in Canada
Anti-Chinese legislation
Repealed Canadian legislation
Canadian immigration law
Anti-Chinese activities in Canada
Immigration legislation
Poll taxes