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.
| Plaintiffs |
The Crown
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| Defendants | |
| Appellants | |
| Respondents |
The Crown
|
| Judges |
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Title
R v Shim
Credits
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.
Terminology
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.