Head tax (Canada)
Encyclopedia
The Chinese head tax was a fixed fee charged to each Chinese
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

 person entering Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

. The head tax was first levied after the Canadian parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

 passed the Chinese Immigration Act of 1885
Chinese Immigration Act of 1885
The Chinese Immigration Act of 1885 placed a head tax on all Chinese immigrants coming to Canada, forcing them to pay a fifty dollar fee to enter the country. In 1900, the fee was raised to one hundred dollars...

 and was meant to discourage Chinese people from entering Canada after the completion of the Canadian Pacific Railway
Canadian Pacific Railway
The Canadian Pacific Railway , formerly also known as CP Rail between 1968 and 1996, is a historic Canadian Class I railway founded in 1881 and now operated by Canadian Pacific Railway Limited, which began operations as legal owner in a corporate restructuring in 2001...

. The tax was abolished by the Chinese Immigration Act of 1923, which stopped Chinese immigration altogether, except for business people, clergy, educators, students, and other categories.

The tax

Through the early 1880s, some 15,000 labourers were brought from China to do construction work on the Canadian Pacific Railway
Canadian Pacific Railway
The Canadian Pacific Railway , formerly also known as CP Rail between 1968 and 1996, is a historic Canadian Class I railway founded in 1881 and now operated by Canadian Pacific Railway Limited, which began operations as legal owner in a corporate restructuring in 2001...

, though they were only paid a third or a half less than their coworkers. This immigration into British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

 (BC) was large enough some 3,000 Chinese, when the 1871 census counted only 33,586 in the province to arouse concern. The provincial legislature
Legislative Assembly of British Columbia
The Legislative Assembly of British Columbia is one of two components of the Parliament of British Columbia, the provincial parliament ....

 passed a strict law to virtually prevent Chinese immigration in 1878. However, this was immediately struck down by the courts as ultra vires [beyond the powers of] the provincial legislative assembly, as it impinged upon federal jurisdiction over immigration into Canada.

As a Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...

 of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

, Canada could only try to discourage, not completely eliminate, Chinese immigration at its borders. To do so, the federal parliament passed in 1885 the Chinese Immigration Act, which stipulated that all Chinese entering Canada must first pay a $50 fee, later referred to as a head tax. This was amended in 1887, 1892, and 1900, with the fee increasing to its maximum of $500 in 1903. Not all Chinese arrivals had to pay the head tax, however; some were presumed to return to China after "sojourning" to Canada because of their transitory occupation or background (students, teachers, missionaries, merchants, members of the diplomatic corps) and were therefore exempt from paying this fee.

Not only did the Crown in Right of Canada collect about $23 million ($ in dollars) in face value from about 81,000 head tax payers, but the tax system also had the effect of constraining Chinese immigration; it discouraged Chinese women and children from joining their men, so the Chinese community in Canada became a "bachelor society". This, though, still did not meet the goal, articulated by contemporary politicians and labour leaders, of exclusion of Chinese immigration altogether. That was achieved through the same law that ended the head tax: the Chinese Immigration Act of 1923, which stopped Chinese immigration entirely, though with certain exemptions for business owners and others permitted some continued immigration. It is sometimes referred to by opponents as the Chinese Exclusion Act, a term also used for its American counterpart.

Movement for redress

The modern era redress movement may be traced back to 1984, when Vancouver Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...

 (MP) Margaret Mitchell
Margaret Mitchell
Margaret Munnerlyn Mitchell was an American author and journalist. Mitchell won the Pulitzer Prize for Fiction in 1937 for her epic American Civil War era novel, Gone with the Wind, which was the only novel by Mitchell published during her lifetime.-Family:Margaret Mitchell was born in Atlanta,...

 raised in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...

 the issue of repaying the Chinese Head Tax for two of her constituents. Over 4,000 other head tax payers and their family members then approached the Chinese Canadian National Council (CCNC) and its member organizations across Canada to register their Head Tax certificates and ask CCNC to represent them to lobby the government for redress. The redress campaign included holding community meetings, gathering support from other groups and prominent people, increasing the media profile, conducting research and published materials, making presentations at schools, etc.

In 1993, then prime minister Brian Mulroney
Brian Mulroney
Martin Brian Mulroney, was the 18th Prime Minister of Canada from September 17, 1984, to June 25, 1993 and was leader of the Progressive Conservative Party of Canada from 1983 to 1993. His tenure as Prime Minister was marked by the introduction of major economic reforms, such as the Canada-U.S...

 made an offer of individual medallions, a museum wing, and other collective measures involving several other redress-seeking communities. These were rejected outright by the Chinese Canadian national groups. After Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....

, in the same year, replaced Mulroney as prime minister, the Cabinet openly refused to provide an apology or redress. Still, the CCNC and its supporters continued to raise the issue whenever they could, including a submission to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Human Rights Commission and eventually undertaking court action against the Crown-in-Council, arguing that the federal Crown should not be profiting from racism and that it had a responsibility under both the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

 and international human rights law. In addition, the 1988 apology and compensation for the internment of Japanese Canadians during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 was regarded as a precedent for redressing other racially motivated policies. The Ontario court declared in 2001 that the government of Canada had no obligation to redress the head tax levied on Chinese immigrants because the Charter had no retroactive application and the case of internment of Japanese Canadians was not a legal precedent. Two appeals in 2002 and 2003 were unsuccessful.

When Paul Martin
Paul Martin
Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....

 was appointed prime minister in 2003, there was a sense of urgency as it became clear that there were perhaps only a few dozen surviving Chinese Head Tax payers left and maybe a few hundred spouses or widows. Several national events were organised to revitalize the redress campaign: In 2004, Doudou Diène, the United Nations Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance, concluded that Canada should redress the head tax to Chinese Canadians and, in 2005, Gim Wong, an 82-year-old son of two head tax payers and a World War II veteran, conducted a cross-country Ride for Redress on his Harley Davidson motorcycle.

Political campaigning

On November 17, 2005, a group calling itself the National Congress of Chinese Canadians announced that an agreement had been reached between 11 Chinese-Canadian groups and the federal Cabinet, wherein the Queen-in-Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...

 would pay $12.5 million for the creation of a new non-profit foundation to educate Canadians about anti-Chinese discrimination, with a specific pre-condition that no apology would be expected from any government figure. This upset the CCNC and its affiliates, as this purported deal had been reached without their input, leading to the Department of Canadian Heritage
Department of Canadian Heritage
The Department of Canadian Heritage, or simply Canadian Heritage |department]] of the Government of Canada with responsibility for policies and programs regarding the arts, culture, media, communications networks, official languages , status of women, sports , and multiculturalism...

's announcement on November 24, 2005, that the agreed upon funding would be reduced to $2.5 million.
It was later revealed that Raymond Chan
Raymond Chan
Raymond Chan, PC , is the first Chinese Canadian to be appointed to the Cabinet of Canada. A member of the Liberal Party of Canada, Chan was elected to Parliament in the 1993 federal election, defeating then Defence Minister Tom Siddon in the riding of Richmond, British Columbia...

, the government official claiming to have negotiated the deal, had purposely misled both the ministers of the Crown and the public and some of the groups named as being party to the agreement stated publicly that their names had been used without permission; several other groups listed did not even exist. Regardless, bill C-333, a private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...

, was tabled in the federal parliament in order to implement the deal in November, 2004, but this bill died when the government fell on November 28, 2005.

As they had done while campaigning for the federal election in 2004
Canadian federal election, 2004
The Canadian federal election, 2004 , was held on June 28, 2004 to elect members of the Canadian House of Commons of the 38th Parliament of Canada. The Liberal government of Prime Minister Paul Martin lost its majority, but was able to form a minority government after the elections...

, the New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...

 and Bloc Québécois
Bloc Québécois
The Bloc Québécois is a federal political party in Canada devoted to the protection of Quebec's interests in the House of Commons of Canada, and the promotion of Quebec sovereignty. The Bloc was originally a party made of Quebec nationalists who defected from the federal Progressive Conservative...

 stated, during the leadup to the January 2006 election
Canadian federal election, 2006
The 2006 Canadian federal election was held on January 23, 2006, to elect members of the Canadian House of Commons of the 39th Parliament of Canada. The Conservative Party of Canada won the greatest number of seats: 40.3% of seats, or 124 out of 308, up from 99 seats in 2004, and 36.3% of votes:...

, their support for an apology and redress for the head tax. Similarly, on December 8, 2005, Conservative Party
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...

 leader, Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...

, released a press statement expressing his support for an apology for the head tax. As a part of his party platform
Party platform
A party platform, or platform sometimes also referred to as a manifesto, is a list of the actions which a political party, individual candidate, or other organization supports in order to appeal to the general public for the purpose of having said peoples' candidates voted into political office or...

, Harper promised to work with the Chinese community on redress, should the Conservatives be called to form the next government. Before his party ultimately lost the election, Martin issued a personal apology on a Chinese language radio program. However, he was quickly criticized by the Chinese Canadian community for not issuing the apology in the House of Commons and for then trying to dismiss it completely in the English-speaking media on the very same day. Several Liberal candidates with significant Chinese-Canadian populations in their ridings, including Vancouver-Kingsway MP David Emerson
David Emerson
David Lee Emerson, PC, OBC is a Canadian politician, businessman and civil servant.Emerson is a former Member of Parliament for the riding of Vancouver Kingsway. He was first elected as a Liberal and served as Minister of Industry under Prime Minister Paul Martin...

 and the Minister of State for Multiculturalism and Richmond MP Raymond Chan
Raymond Chan
Raymond Chan, PC , is the first Chinese Canadian to be appointed to the Cabinet of Canada. A member of the Liberal Party of Canada, Chan was elected to Parliament in the 1993 federal election, defeating then Defence Minister Tom Siddon in the riding of Richmond, British Columbia...

, also made futile attempts to change their positions in the midst of the campaign.

Apology

The 2006 federal election was won by the Conservative Party, though the government they formed was a minority one
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...

. Three days after the ballots had been counted on January 23, but before he had been appointed prime minister, Harper reiterated his position on the head tax issue in a news conference: "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."

Formal discussions on the form of apology and redress began on March 24, 2006, with a preliminary meeting between Chinese Canadians representing various groups (including some head tax payers), heritage minister
Minister of Canadian Heritage
The Minister of Canadian Heritage is the Minister of the Crown in the Canadian Cabinet who heads the Department of Canadian Heritage, the federal government department responsible for Canada's Arts, Culture, Media, Communications network, and Sport....

 Bev Oda
Bev Oda
The Hon. Beverley Joan "Bev" Oda, PC, MP is a Canadian politician. She is a current member of the Canadian House of Commons, as well as the first Japanese-Canadian MP and cabinet minister in Canadian history. She represents the riding of Durham for the Conservative Party of Canada. She was...

, and Parliamentary Secretary
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...

 to the Prime Minister Jason Kenney
Jason Kenney
Jason T. Kenney, PC, MP is Canada's current Minister of Citizenship, Immigration and Multiculturalism. He has represented the riding of Calgary Southeast in the Canadian House of Commons since 1997....

 resulting in the "distinct possibility" of an apology being issued before July 1, 2006, to commemorate the anniversary of the enacting of the Chinese Exclusion Act of 1923. The meeting was followed by the government's acknowledgement, in the Speech from the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...

 delivered by Governor General
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...

 Michaëlle Jean
Michaëlle Jean
Michaëlle Jean is a Canadian journalist and stateswoman who served as Governor General of Canada, the 27th since Canadian Confederation, from 2005 to 2010....

 on April 4, 2006, that an apology would be given along with proper redress.

From April 21 to April 30, 2006, the Crown-in-Council hosted public consultations across Canada, in cities most actively involved in the campaign: Halifax, Vancouver, Toronto, Edmonton, Montreal, and Winnipeg. They included the personal testimony of elders and representatives from a number of groups, among them the Halifax Redress Committee; the British Columbia Coalition of Head Tax Payers, Spouses and Descendants; ACCESS; the Ontario Coalition of Head Tax Payers and Families; the CCNC; the Edmonton Redress Committee of the Chinese Canadian Historical Association of Alberta; and the National Redress Alliance.

On June 22, 2006, Prime Minister Stephen Harper offered an apology and compensation only for the head tax once paid by Chinese immigrants. Survivors or their spouses were paid approximately CAD$20,000 ($ in dollars) in compensation. There were only an estimated 20 Chinese Canadians who paid the tax still alive in 2006.

Today

Currently, the major issues revolve around the content of any future settlement, with the leading groups demanding meaningful redress, not only for the handful of surviving "head tax" payers and widows/spouses, but first-generation sons/daughters who were direct victims.

Some have proposed that the redress be based on the number of "Head Tax" Certificates (or estates) brought forward by surviving sons and daughters who are still able to register their claims, with proposals for individual redress, ranging from $10,000 to 30,000 for an estimated 4,000 registrants.

As no mention of redress for those children was made, the Chinese Canadian community continues to fight for a redress from the Canadian government. A national day of protest was held on July 1, 2006 in major cities across Canada, with several hundred Chinese Canadians joining in local marches.

See also

  • Chinese Canadian National Council
    Chinese Canadian National Council
    The Chinese Canadian National Council , known in the Chinese-Canadian community as Equal Rights Council , is an organization whose purpose is to monitor racial discrimination against Chinese in Canada and to help young Chinese Canadians learn about their cultural history.The organization was...

  • Anti-Chinese legislation in the United States
    Anti-Chinese legislation in the United States
    Anti-Chinese legislation in the United States was introduced in America to deal with Chinese migrants following the gold rush in California and those coming to build the railway.*Anti-Coolie Act*Chinese Exclusion Act*Pigtail Ordinance-See also:...

  • Japanese Canadian internment
    Japanese Canadian internment
    Japanese Canadian internment refers to confinement of Japanese Canadians in British Columbia during World War II. The internment began in December 1941, following the attack by carrier-borne forces of Imperial Japan on American naval and army facilities at Pearl Harbor...


External links

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