R. v. Quong Wing (1914)

Restaurateur Quong Wing was found to be in violation of Saskatchewan’s Act to Prevent the Employment of Female Labour in Certain Capacities (1912) after employing two white women as waitresses in his establishment. He challenged the law on grounds that it was outside the jurisdiction of the province. He lost the case and leave to appeal was denied, with the court determining that the Saskatchewan legislature was acting within its rights. Rather than interpreting the Act as excluding Chinese from Canada, the court found that the province was legislating working conditions for white women and girls, which was within its power.

R. v. Soon Gim An (1941)

Soon Gim An, who was born in Vancouver in 1914 and sent to live in China in 1916, was barred entry to Canada when he returned in 1940, because immigration officials did not believe he was born in Canada. A lower court upheld the immigration officer’s action, since Soon was unable to prove beyond a reasonable doubt his claim to being born in Canada. On appeal, however, he was allowed to enter Canada when the B.C. Court of Appeal judge found that the burden of proof exceeded the requirements of proof of identity.