28 feb 1888 anni - R. v. Wing Chong (1885), end of B.C. Chinese Regulation Act (1884)

Descrizione:

"The B.C. Chinese Regulation Act (1884) also was challenged in court within a year of its passing.

The case, R. v. Wing Chong (1885), was brought by a Chinese who was fined $20 for failing to pay the annual tax. Chong argued against the constitutionality of the Act, on grounds that it violated federal jurisdiction on the rights of aliens and trade and commerce; it was also argued that the Act introduced an unequal taxation scheme. Chong further argued that the intent of the law was not to raise revenue or for police purposes, but rather to prevent more Chinese immigration to British Columbia and to encourage those already resident to leave.

The B.C. attorney general, however, argued that the Regulation Act was purely about taxation and therefore within the rights of the province. The court decided that the Regulation Act was ultra vires the province’s power to enact legislation and it was declared unconstitutional and rescinded."

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