Canada v Nishi

Masakichi Nishi arrived in Canada in 1914, obtaining a certificate of naturalization. His wife, Toku Nishi, and their two children arrived in Canada in 1928, and were refused entry. A Board of Inquiry determined that they were “within the class of prohibited immigrants” and could not enter until they held valid passports issued by “the Government of the country of which they were subjects or citizens.” (200) The applicants claimed they had a right to enter Canada according to section 3, subsection (t) of the Immigration Act. Justice Murphy noted that this section’s provisions only concerned the illiteracy of the immigrating relatives of admitted immigrants; as the Nishi family was “otherwise disqualified,” due to their lack of a proper passport, they were prohibited from landing. (200) The application was dismissed.