1. During World War II and immediately after the termination of hostilities, a number of Canadian citizens and residents of Japanese race were repatriated to Japan. By Order-in-Council P.C. 10773 of November 26th, 1942, Canadian citizens by birth or naturalization who effected departure from Canada under a wartime exchange were deprived of their status as Canadian nationals and British subjects. Twenty-two adults and nine children lost their status as Canadian nationals and British subjects under this Order-in-Council. Canadian citizens by naturalization who were repatriated after the war under the provisions of Order-in-Council P.C. 7355 of September 15th, 1945 were also deprived of their status as Canadian nationals and British subjects by Order-in-Council P.C. 7356 of the same date. Five hundred and sixty-five persons are listed under this Order-in-Council. Those who were not British subjects or Canadian nationals but who were repatriated, lost any claim to Canadian domicile under the Immigration Act and, therefore, have no right of return to this country.

2. A considerable number of persons who did not lose their Canadian citizenship through repatriation have indicated a desire to come back to Canada and an undetermined number have returned. In the case of the others, i.e., those who relinquished Canadian status through repatriation, it is not intended to allow a return movement on any scale nor, in the usual course of events, to give favourable consideration in those cases where the individual concerned, acting on his own initiative and in full realization of the consequences of his act, accepted repatriation. However, a few cases have come to the attention of the Immigration Branch where there are strong humanitarian grounds for making exceptions and allowing the return of repatriates even though such persons may not come within the admissible classes under existing regulations governing Asians, i.e., spouses and unmarried children under 21 years of age of Canadian citizens resident in Canada.

3. In the deserving cases, there is usually a pattern of long previous residence in Canada and Canadian-born children residing in Canada on whom the prospective immigrant is dependent for support. A number of cases involve widowed or legally separated mothers who accepted repatriation in order to accompany their husbands and families to Japan and in those cases where adult males are involved, there is usually some extenuating circumstance such as previous service in the Canadian Armed Forces or Canadian sons with such service.

4. In addition, a few cases not involving repatriates have come to the attention of the Immigration Branch where very strong compassionate grounds exist for the admission of relatives of Canadian citizens not coming within the admissible classes defined in the regulations.

5. A strict policy has been followed in respect of immigration from Japan since the war. Only in very few cases has special authority been sought for the admission of persons not coming within the admissible classes. These involved parents or children of Canadian citizens where the humanitarian and compassionate circumstances were most compelling.

6. It is considered that a close check should be maintained on Japanese immigration and, in general, that the regulations laid down should be adhered to. Nonetheless as indicated above, there are now and undoubtedly will be in future, cases involving close relatives of Canadian citizens not coming within the admissible classes where special consideration would seem to be warranted on humanitarian or compassionate grounds.

THE UNDERSIGNED, THEREFORE, RECOMMENDS THAT:

(1) Notwithstanding the provisions of Orders-in-Council P.C. 10773 of November 26th, 1942 and P.C. 7355 and P.C. 7356 of September 15th, 1945, the Governor-in-Council be requested to grant authority in individual cases as they arise for the admission or re-admission of persons of Japanese race not coming within the admissible classes of persons laid down by regulation where:

(a) such persons are close relatives of Canadian citizens, and

(b) strong humanitarian or compassionate grounds for admission exist.¹⁵⁹

[W.E. HARRIS]