R v Shim

R v Shim

R v Shim, [1938] 4 DLR 88
The precise nature of the legal question in this case is unclear. The majority judgement pursues the question of whether the Chinese Immigration Act prevented Canadian Citizens from entering Canada in some circumstances, which they conclude that the Act lacks the specific statutory language that would enable such a circumstance. The concurring opinion instead asks whether or not appeals of habeas corpus from the Controller of Chinese Immigration are hearable by the courts of British Columbia, which Crocket J concludes they are.



R v Shim


Researcher: Monique F. Ulysses
Researcher: Lauren Chalaturnyk
Metadata author: Connell Parish
Metadata author: Gordon Lyall
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Source: Supreme Court of Canada. Dominion Law Reports. 1938.


Readers of these historical materials will encounter derogatory references to Japanese Canadians and euphemisms used to obscure the intent and impacts of the internment and dispossession. While these are important realities of the history, the Landscapes of Injustice Research Collective urges users to carefully consider their own terminological choices in writing and speaking about this topic today as we confront past injustice. See our statement on terminology, and related sources here.