jul 6, 1914 - BCCA Decision in "Re the Immigration Act and Munshi Singh"

Description:

Judgment Delivered: July 6, 1914
Delivered by: Macdonald, C.J.A., Irving, Martin, Galliher, McPhillips, JJ.A
Defence Counsels: R. Cassidy, H.C. and J.E. Bird
Issue: Was the restraint of Mr. Singh, seeking to enter Canada as an immigrant and who is a native of India and as such is a British Subject, in compliance with the Immigration Act provisions and regulations (incl. Orders in Council) which applied at the time?
Summary of Reasons: Considering Sections 23, 37, and 38 of the Immigration Act, 1910, and three Orders in Council (23, 24, and 897), it is found that the applicant Mr. Singh was not illegally restrained, the provisions and OICs in question were not invalid, and were applied correctly in the circumstances.