Japanese Canadian Internment - Post-war

Post-war

Following public protest, the order-in-council that authorized the forced deportation was challenged on the basis that the forced deportation of the Japanese was a crime against humanity and that a citizen could not be deported from their own country. The federal Cabinet referred the constitutionality of the order-in-council to the Supreme Court of Canada for its opinion. In a five to two decision, the Court held that the law was valid. Three of the five found that the order was entirely valid. The other two found that the provision including both women and children as threats to national security was invalid. The matter was then appealed to the Judicial Committee of the Privy Council in Britain, at that time the court of last resort for Canada. The Judicial Committee upheld the decision of the Supreme Court. In 1947, due to various protests among politicians and academics, the Federal Cabinet revoked the legislation to repatriate the remaining Japanese Canadians to Japan. It was only in April 1949 that the all restrictions were lifted from Japanese Canadians.

The Canadian government also launched a Royal Commission (led by Justice Henry Bird) in 1947 to examine the issue of compensation for confiscated property. By 1950, the Bird Commission awarded $1.3 million in claims to 1,434 Japanese Canadians; however, it accepted only claims based on loss of property, refusing to compensate for wrongdoing in terms of civil rights, damages due to loss of earnings, disruption of education or other issues.

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