THE Komagata Maru incident highlights one of the most discriminatory laws in Canadian history. Yet, society has changed in the past century since the ship came to Vancouver. Immigration today is diverse, with immigrants coming from around the world. In the past three decades, immigration has shifted from a Eurocentric to a pan-Asian focus. This is a reflection of changes in the world economy and the structures of government. Aging populations in the so-called developed world, with extensive social support for their residents, no longer seek migration as much as a means to improve their quality of life.

While Canada has changed in the past century, immigration policy has not changed in many ways. Part of the underlying conflict that gave rise to the continuous journey rule was labour competition. Employers sought cheaper labour for various industries, which was filled with immigrants from China, Japan and India. Local unions complained about the loss of work for existing workers. The same conflict has been playing out in the past eight years with the increasing use of the temporary foreign worker program, to allow employers to hire foreign workers. Labour groups complain about wage stagnation, as employers can maintain lower wages due to an accessible pool of workers willing to work at lower rates.

A century ago immigrants coming to Canada faced a relatively quick and cursory examination at a port of entry for admission to permanently live here. There was no pre-screening by way of obtaining a permanent resident visa before travelling to Canada. Immigrants did not provide criminal record checks nor were checked for security reasons. There were no forms to fill out. A quick medical examination at the port of entry determined if persons were “mentally defective,” diseased or “physically defective;” making the persons prohibited from entering Canada.

Under other powers, rules were passed to require immigrants to possess certain amounts of money and to restrict immigrants of specified classes, occupations or character. The government set a higher amount of money required for Asian immigrants. When the Komagata Maru landed, an additional rule has been passed to prohibit the landing of skilled or unskilled labourers through British Columbia ports.

Similar rules continue to exist under current immigration law. Selection rules are inherently discriminatory. Since 1966, in one form or another, selection criteria have included occupational and educational factors. The list of qualified occupations has changed numerous times since then, depending on current economic needs. The foreign skilled worker program is limited to applicants in 24 specific occupations, or those with approved arranged employed or Canadian PhD graduates.

Modern selection rules have generally required an applicant to have the ability to communicate in English or French. The rule is relatively more discriminatory against nationals from non-English and French-speaking countries. These requirements are fundamentally no different than the attempts by the BC government to pass immigration rules in 1908 that imposed an educational test, which was used to prevent the immigration of some Indian immigrants arriving on the SS Monteagle.

Financial requirements are still imposed on some classes of immigrants. Federal skilled worker applicants must have in their possession unencumbered funds amounting to half the minimum income needed for the applicant and their family members. For a single applicant that amounts to about $12,000, about 60 times the amount required by an Asian immigrant in 1914. This inherently discriminates against a larger percentage of the populations in certain countries whose average family incomes are lower. Similar requirements are imposed under some BC provincial nominees.

The continuous journey rule was inherently discriminatory as it was used specifically to prevent migration from India. It could have been used to prevent migration from many other countries that did not have direct transportation connections with Canada. Since 1966, Canada has created immigration policy tied to the economic interests of the country. Selection criteria has adapted to changing economic needs, to attract immigrants who are able to become economically established. The current government has tightened rules to further limit migration of family members and other classes, who are not specifically judged on their ability to become economically established.

Overt discrimination expressly based on race, nationality, ethnicity or religion no longer exists under the immigration laws. However, selection rules still create inherent discrimination against certain nationalities, whose citizens do not generally meet the selection criteria. That discrimination is tolerated, as educational, occupation and linguistic abilities are not an extrinsic part of one’s race or ethnicity. Most persons have the potential to improve their education, or gain an occupation or language skill. I expect Canada will continue to apply immigration selection criteria achieve its economic goals; to attract immigrants who will contribute to the economy and help maintain the social support structure that has developed in the past 70 years.

BY WILLIAM MACINTOSH
William Macintosh started practising as an immigration lawyer in 1984. You can reach him for advice or help on any immigration or citizenship matter at 778-714-8787 or by email at [email protected]

AS soon as news of the Komagata Maru’s departure from Hong Kong reached Vancouver, headlines about the ship began to splash across the pages of local newspapers. These articles are an important indicator of the information, attitudes and opinions about the Komagata Maru and its passengers that Vancouverites were exposed at the time of the episode.

Two main sources of original newspaper articles contemporary to the incident are available on the Komagata Maru: Continuing the Journey website. The first is a collection of clippings in the H.H. Stevens files that were digitized from his fonds at the City of Vancouver Archives. Stevens was a Conservative MP for Vancouver at the time of the incident. He was also a staunch opponent of Asian immigration and collected articles from the local newspapers relating to Asian immigration to Canada and the Komagata Maru episode.

Arjan Singh (Chand) Brar, Secretary of the Khalsa Diwan Society, rescued a selection of local newspapers that his neighbour was throwing out, ranging in date from the early 1900s to the 1930s. Whenever a member of the South Asian community was mentioned, he cut out the article and pasted it into a binder. His collection contains several scrapbooks filled with these newspaper clippings, including one specifically marked “Komagata Maru” relating to the incident and its aftermath.

Several issues of The Hindustanee, published in Vancouver by the United India League under the editorship of Husain Rahim, have also been digitized from both the Stevens and Brar collections.
In his biography of Vancouver journalist Pollough Pogue, Hugh Johnston asserts that “much of the reporting in Vancouver papers [was] unsympathetic to the passengers and wildly derogatory in tone.” Following the ship’s arrival in Burrard Inlet on May 23, 1914, the headline of The Sun newspaper screamed “Hindu Invaders Now in the City Harbor on Komagata Maru,” establishing an image of the men as aggressive intruders, or an ‘enemy’ to be repelled. In subsequent days, the passengers of the Komagata Maru were referred to often in the press as “human freight” or “human cargo,” such as in a May 28, 1914 headline from The Province newspaper reading “Leader of the Komagata Maru’s Human Cargo Appeals Again.”

Also frequently used in media reports of the incident were the word “excursion”, to describe the passengers’ journey, and the concept of the passengers as tourists. For instance, a May 27 article in The Province titled “A Hindu Excursion” reads “The Komagata Maru has come, has been seen, and is likely to go away without having conquered. Her human freight need not be very vexed there at, it is Mr. Gurdit Singh, the promoter of the excursion who should be blamed by the excursionists. He persuaded these men to take part in an adventure which at the outset was foredoomed to failure…the vessel did not pick up her tourists in India but mostly in China.”

In contrast, The Hindustanee stood alone amongst the Vancouver press as an advocate for the passengers. Its June 1, 1914 editorial titled “Welcome to the Komagata Maru,” reported that “the ship was arranged to be brought in with the cooperation of many men, the majority of who are farmers seeking to secure, as British subjects, a little of the millions of fertile acres of British Columbian soil now lying wastefully idle, so that they might till them and eke out a living.”

For two months following its arrival, the passengers remained on board the Komagata Maru in the Vancouver harbour, the newspapers reporting on events as they unfolded. On July 21, the Canadian government sent in the H.M.C.S. Rainbow to intimidate the passengers into leaving. The July 22 issue of The Sun reported extensively on the confrontation and the huge crowds of spectators it attracted: “Nearly 30,000 watched all day from the harbor front for the expected battle between the Hindus and the sailors of the H.M.C.S. Rainbow…Vancouver’s waterfront offers a magnificent grandstand, built to order. It has been used many times by the citizens for spectacles which took place upon the harbor waters, but never before has such a spectacle or crowd been seen in this city. The roofs of the skyscraping structures on Hastings and Granville streets were black with people, and the windows below were crowded. Thousands lined the wharves and piers. Thousands filled the street ends which open onto the harbor. Throughout the day thousands stood upon their spots of vantage and sent boys to nearby cafes for food. On the roof gardens of Spencer’s building, hundreds actually remained throughout the day, buying field glasses from the store below and having their food sent up to them from Spencer’s dining rooms.”

In 1914 such articles helped to ignite and foster anti-Asian immigration sentiments amongst those fortunate enough to call Canada home. Today, however, these articles are able to bring us closer to the experiences of the men on board the Komagata Maru and help to shape a new understanding of the obstacles that they faced in their desire to begin new lives in Canada.

BY MELANIE HARDBATTLE
Melanie Hardbattle is an archivist with Simon Fraser University

TO explore more healthy ways to live with chronic illness, a workshop was organized on “What are the major challenges faced by seniors with chronic conditions” in the University of Victoria on May 15. Dr. Patrick McGowan, Director of Self Management Programs, and Professor, Centre on Aging, University of Victoria, invited Jay Bains, Provincial Coordinator of Self Management Programs, University of Victoria, Sarwan Singh Dhillon, volunteer, Gurjit Johal, volunteer, and June Clearsky, Aboriginal Community Coordinator, Ms. Angel and multi-faith activist Gian Singh Kotli for providing their input by sharing their knowledge and experience on various chronic illness issues and problems being faced by the seniors.

A group of M.A. students and professionals of the university also participated in the workshop. Dr. McGowan explained that the purpose of organizing such workshops is to help the seniors with chronic illness to explore healthy ways for living a healthy life with mental or physical conditions by making them aware about self-management skills. The thought-provoking input of the participants brought forth several innovative ideas for guidance and formulating action plans for major challenges faced by seniors with chronic conditions. From the many issues noted down a short list was sorted out for action plan which included connection between healthcare facilities, skills of management, accepting change, language barriers, financial hardship, respect, lack of support, housing and so on.

Dr.McGowan is working hard along with his team members to provide better services for the healthy aging of seniors. He has rendered commendable service to the community by editing a book of 420 pages on “Living a Healthy Life with Chronic Conditions.” In this respect Jay Bains has also rendered commendable service to the seniors by arranging such workshops at several organizations and almost in all the cities of B.C. Dr. Patrick thanked the participants.

BY GIAN SINGH KOTLI

THE Indian Summer Festival returns for its fourth year, celebrating and enhancing Vancouver’s cultural landscape. Between July 3 and 12, venues all over the city will host a spectrum of performances, talks, exhibitions, workshops, screenings, tastings and discussions, all in the spirit of cross-cultural exchange between Canada and South Asia.

The festival kicks off on the evening of July 3 with the much-anticipated opening gala, being held once again in the spectacular Dr. Sun Yat-Sen Classical Chinese Garden. One of Vancouver’s most celebrated chefs, Vikram Vij, will curate a culinary tour of Asia, leading the tastebuds of attendees on a trip stretching from India to Iran, Bangladesh and Japan.

Opening weekend highlights include a talk by Commonwealth prize-winning author Rana Dasgupta on his new book Capital, a portrait of 21st century Delhi. There will be an outdoor film screening in Victory Square Park, with a Laughing Yoga class to warm up the evening, and food trucks to keep movie watchers going.

A major highlight of the first weekend is an evening of Sufi poetry and music headlined by American poet and interpreter Coleman Barks, the man responsible for making the 13th-century Persian poet Rumi the best-selling poet in North America. The performance, entitled ‘A Hundred Ways to Kneel and Kiss the Ground,’ will be held at St Andrew’s-Wesley Church and set to live music by renowned sitarist Mohamed Assani and barbat maestro Hossein Behroozinia, combining Rumi’s poetry with the music of Tajikistan, Iran and Turkey.

Day four of the festival features ‘Passages: Cultural Legacies of the Komagata Maru’ at the Museum of Vancouver. This evening of cross-media storytelling features The Neelamjit Dhillon Jazz Quartet and poets Phinder Dulai, Renee Saklikar and Priscila Uppal. Uppal, a renowned Ottawa-born poet of Brazilian and Punjabi-Sikh descent has been named “Canada’s coolest poet” by Time Out London (UK), and has found inspiration in everything from multicultural clashes to the aesthetics of Olympic sports. Her latest book, “Projection” was shortlisted for the Governor General’s Literary Award.

“Whether rooted in food, dance, music, literature, business, politics or social justice, Indian Summer is proud to host exciting dialogues concerning both the history and the future of Canada’s relationship with South Asia,” says artistic director Sirish Rao. “As always, there’s an abundance of stimulating and thought-provoking events, both free and ticketed, to keep Vancouverites and visitors busy throughout the 10-day festival.”

Mesmerizing visual art by graphic novelist Orijit Sen (nicknamed the Michelangelo of India) graces the Woodward’s Atrium for an entire month. His giant mural from the Moshe Safdie-designed Khalsa Heritage Museum in Punjab is on display for the first time in Canada. He will be in conversation with David Wong, creator of a graphic novel on the Chinese community in BC, and Michael Nicoll Yahgulanaas, visual artist and author of ‘Red’, which melds the traditional Haida art form with Japanese Manga.

In another Canadian first, London-based speakers series 5×15 comes to Vancouver through Indian Summer, featuring five electric speakers for 15 minutes each at The Fox Cabaret. Speakers include Zarqa Nawaz (creator of Little Mosque on the Prairie) and spoken word legend Ivan Coyote.

The famous Dabbawalas of Mumbai, who deliver 350,000 lunch boxes or ‘tiffins’ from home to office in India’s megalopolis will also join the festival of arts and ideas, speaking of their entrepreneurial model, and what makes them among the most efficient organizations on earth, with an error margin of one in six million.

The festival culminates with slam poets, musicians and DJs at the Lit & Sound Cabaret on July 11 and the festival’s signature Dinner by Starlight held every year at a secret location on July 12.

More events will continue to be announced as the summer draws closer, and the full calendar will be available on the event website: www.indiansummerfestival.ca

UNIFOR welcomed an announcement on Wednesday by the federal and provincial ministers of transportation about wait times at Vancouver ports that upholds the principles outlined in the March 26 joint action plan. Agreed upon after weeks of further negotiations, Mediator Vince Ready’s recommendations will soon be implemented at Vancouver-area sites.

“This announcement clears the way for wait time payments to start flowing freely to truck drivers despite the efforts of some groups to obstruct the plan for stability,” said Gavin McGarrigle, Unifor’s BC area director.

Years of inaction on wait times, undercutting, and pay rates boiled over into a month-long strike by container truck drivers in March 2014. Only a negotiated settlement broke the impasse after truck drivers vowed to disobey forced-work legislation introduced by the BC government.

“We believe this announcement should send a strong message to all stakeholders that the joint action plan will be fully implemented and that stability is preferred to chaos,” added McGarrigle. “It’s time for those opposing this plan to get with the program and realize that the days of undercutting and downloading costs onto drivers are over.”

Unifor was founded Labour Day weekend 2013 when the Canadian Auto Workers and the Communications, Energy and Paperworkers unions merged. With more than 300,000 members, Unifor is Canada’s largest union in the private sector.

IN March, truck drivers reached an agreement with the federal and provincial governments and Port Metro Vancouver after intense bargaining.

Unifor-Vancouver Container Truckers’ Association (VCTA) collective agreement expired in June 2012. During that time, the union had been raising concerns that long line-ups and wait times at the Port of Vancouver were costing truck drivers money. Unifor-VCTA called for increased rates of pay and wanted the rates standardized and enforced across the sector to put an end to under-cutting.

“This is an agreement that working truckers can be satisfied with,” said Paul Johal, Unifor-VCTA president. “We were also in this position in 2005, so enforcement will be critical to keeping the ports open.”

Vince Ready will still be conducting an independent review of the sector.