Nakashima v Canada
Jitaro Tanaka and Takehiro Tanaka v The King, [1947] 4 DLR 487
In this case it was ruled that the ‘Custodian of Enemy Property is an independent
person and not a servant or agent of the Crown, and hence a petition of right against
the Crown does not lie in respect of acts of the Custodian’ and that ‘[n]othing turns
on the fact that Minister of Crown was appointed Custodian’ (487), therefore supposedly
absolving the government of responsibility for the dispossession of Japanese Canadians.
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Title
Nakashima v Canada
Credits
Researcher: Monique F. Ulysses
Researcher: Lauren Chalaturnyk
Metadata author: Connell Parish
Metadata author: Gordon Lyall
Publication Information: See Terms of Use for publication and licensing information.
Source:
Exchequer Court of Canada.
Dominion Law Reports.
1944.
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.