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War Measure Act Case Study

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In support of the notion that the Supreme Court of Canada erred in upholding the Order-in-Council which permitted the forcible removal of “Japanese Canadian” from Canada, according to the Order in Council the word “deportation” means the “removal, pursuant to the authority of this Order (7355), of any person from any place in Canada”. This is a process of being sent away from a particular country based on legal reasons. But in this case, the Japanese were not foreigners in Canada but rather they were citizens before Canada invoked the War Measure Act. The deportation of the Japanese Canadians in 1945 was as a result of the World War II, which led to the suspicion by the Canadian government that the Japanese race was an ally with the German government. On the 15th of December 1945, Orders were made based on the War Measures act to remove all native Japanese and any other persons that is related to the Japanese race from Canada. In this Order, it is stated that there are three categories of persons whom were deported from Canada in this year. The first …show more content…

Kellock J stated in this opinion that the word deportation is also the same as “to remove into exile” on legal grounds. This term was only to be applicable to foreigners in a state not citizens who were either born or naturalized in Canada who have no relationship with Japan except for race (p.12 of the chemical reference (2) Sir Lyman Duff). These citizens have not been convicted of any legal crime. On what grounds did the government have to put the Japanese on intern? Because the government didn’t have any evidence to clarify that the Japanese were allies with the Germans. Even after the war, Canada still had no proof of espionage or treats by the Japanese Canadians. So basically, the Canadian government only enforced the order on the grounds of fear and

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