Royal Commission to Investigate Complaints of Canadian Citizens of Japanese Origin who Resided in British Columbia in 1941, That Their Real and Personal Property had been Disposed of by the Custodian of Enemy Property at Prices Less than the Fair Market Value fonds [textual record]

  • Notice descriptive – Brève
    Niveau hiérarchique :
    Fonds
    Date :
    1935-1950
    Genre de documents :
    Documents textuels
    Trouvé dans :
    Archives / Collections et fonds
    No d’identification :
    188
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    http://central.bac-lac.gc.ca/.redirect?app=fonandcol&id=188&lang=fra
    Contexte de cette notice :
    • Royal Commission to Investigate Complaints of Canadian Citizens of Japanese Origin who Resided in British Columbia in 1941, That Their Real and Personal Property had been Disposed of by the Custodian of Enemy Property at Prices Less than the Fair Market Value fonds
      Royal Commission to Investigate Complaints of Canadian Citizens of Japanese Origin who Resided in British Columbia in 1941, That Their Real and Personal Property had been Disposed of by the Custodian of Enemy Property at Prices Less than the Fair Market Value fonds Fonds de la Commission royale d'enquête sur les plaintes de citoyens canadiens d'origine japonaise résidant en Colombie-Britannique en 1941 selon lesquelles le Séquestre des biens ennemis se serait départi de leurs biens mobiliers et immobiliers en les vendant à des prix inférieurs à leur juste valeur marchande
  • Fonds comprend :
    1 description(s) de niveau inférieur
    Voir description(s) de niveau inférieur
    Date(s) :
    1935-1950
    Équivalent bilingue :
    Cliquez ici
    Lieu de création :
    Sans lieu, inconnu ou indéterminé
    Étendue :
    8.0 m of textual records
    Langue du document :
    anglais
    Portée et contenu :
    Fonds consists of individual claim files (vols. 1-74), transcripts of hearings, withdrawn and rejected claims, and a memorandum entitled "Appendix III, Fair Market Value", legal arguments and related material.
    Provenance :
    Biographie/Histoire administrative :
    Royal Commission to Investigate Complaints of Canadian Citizens of Japanese Origin Who Resided in British Columbia in 1941, that Their Real and Personal Property Had Been Disposed of by the Custodian of Enemy Property at Prices Less than the Fair Market Value (Canada): The Royal Commission to Investigate Complaints of Canadian Citizens of Japanese Origin who Resided in British Columbia in 1941, That Their Real and Personal Property had been Disposed of by the Custodian of Enemy Property at Prices Less than the Fair Market Value was established under Order in Council, P.C. 1810, 18 July 1947, as amended by Orders in Council, P.C. 3737, 17 September 1947, P.C. 242 and P.C. 243, 22 January 1948, under Part I of the Inquiries Act (R.S.C., 1927, c.99) and on the recommendation of the Secretary of State. The Commission was mandated to inquire into claims of persons of the Japanese race who reside in Canada at the date of this order, and of corporations in which the majority of the shares were formerly owned by Japanese persons namely: (a) that real and personal property vested in the Custodian was sold by the Custodian for less than the fair market value, resulting in loss to the claimants; and (b) that personal property vested in the Custodian was lost, destroyed or stolen while in the possession or under the control of the Custodian or some person appointed by him, with the result that the claimant suffered a loss equal to the fair market value of the property but no claims shall be considered for property lost, destroyed or stolen while under the custody, control or management of any person other than the Custodian. The commissioner must examine into each claim and make a report to the governor in council setting forth the claims, which in the opinion of the commissioner are well-founded and the amount which would fairly compensate the claimant for failure of the Custodian to exercise reasonable care. The commissioner was Henry Irvine Bird. Because of the large number of claimants, Mr. Bird was assisted in the conduct of this inquiry by seven judges who were authorized to hear evidence for him. (See Order in Council P.C. 243, 22 January 1948). The secretaries were A. Watson and Miss V.J. White. With the declaration of war against Japan on 8 December 1941, the Government of Canada became increasingly concerned about the large number of Japanese-Canadians in British Columbia who were perceived as a threat to national security. At first it impounded Japanese-owned fishing vessels, which were later sold, and interned a small group of allegedly dangerous persons. Then under pressure from diverse groups, especially in British Columbia, the federal government announced a policy of partial evacuation of persons of the Japanese origin on 14 January 1942, and, on 26 February it applied an evacuation order to all Japanese-Canadians. About 22,000 persons were gradually removed from the "protected area" along the British Columbia coast and resettled, mainly in internment camps in the interior of British Columbia and Alberta, under the supervision of the British Columbia Security Commission. Shortly after the evacuation, the federal government authorized the sale or lease of farms owned by Japanese-Canadians to the Director, Veterans Land Administration, for disposition to returned veterans. Later, the Custodian of Enemy Property, acting on behalf of the federal government, confiscated all real and personal property left behind by the evacuees. It originally was instructed to hold everything in protective custody during the evacuation. But early in 1943 the government authorized the Custodian to liquidate all properties, except liquid assets, by public auction and tender. Over the next few months the property of the evacuees was sold or disposed of, and in many cases claims were made that it was sold at less than its fair market value. Permission was never obtained from or given by the owners of the property for these transactions. The proceeds, less administrative charges, were held for each of the former owners, but for most Japanese the economic consequences of the disposal was catastrophic. In Canada the battle to gain redress for losses sustained by the Japanese-Canadians had been mounting since 1942. In January 1943, upon learning that their property was being sold without their consent, many evacuees wrote protest letters to the government. Three Japanese property owners brought suit against the Custodian to the Exchequer Court to protest the federal government's power to liquidate property. They also hoped to delay the disposal of Japanese property by court action. Unfortunately this case was not heard until May 1944 and by that time the disposal of property and chattels was practically over. Furthermore, the Exchequer Court did not render a decision in the case until August 1947. At the end of the war there was renewed action arising out of the inadequate and unfair compensation proposals made by the government to the Japanese-Canadians. In the fall of 1946, for example, the Japanese-Canadian Committee for Democracy conducted a survey of economic losses of 198 Japanese family heads who had resettled in Toronto. It showed the aggregate value of their property was more than 1.6 million dollars. Of that, 1.3 million dollars had been sold off netting the owners slightly more than 00,000. In 1947 the Co-operative Commonwealth Federation Party referred the conduct of the Custodian of Enemy Property to the Public Accounts Committee of the House of Commons for investigation. Concentrating mainly on the sale of farms to the Director, Veterans Land Administration, the committee concluded that administrative irregularities had occurred that merited further investigation. Finally, on 17 June the committee recommended the appointment of a royal commission to investigate the alleged losses incurred by the Japanese-Canadians when their property was sold at less than fair market value. The royal commission was announced on 18 July 1947 but its terms of reference were unsuitable to the Japanese-Canadians. It compensated Japanese property owners only when neglect or lack of care by the Custodian or his staff in the supervision or sale of property could be legally proven. Also, the terms of reference were narrower than those recommended by the Public Accounts Committee. After interest groups pressured the government, the terms of reference were expanded to meet with the earlier recommendation of the Public Accounts Committee. The new arrangements were not ideal, but they did allow most property owners to seek limited compensation. (See The Enemy That Never Was, K. Adachi, (Toronto: McClelland and Stewart, 1976), pp. 319-327 and The Politics of Racism, A.G. Sunahara, (Toronto: James Lorimer and Co., 1981), pp. 151-155.) On 22 September 1988, after prolonged negotiations, the Government of Canada reached an agreement with the National Association of Japanese Canadians. The government agreed to pay 1,000 in compensation to each of the surviving Japanese-Canadians who were interned in Canada during World War II. Moreover, Prime Minister Mulroney made a formal apology in the House of Commons on behalf of the Government of Canada for injustices done to Japanese-Canadians during the 1940s. Hearings of the commission were held in Lytton, New Denver, Kamloops, Vernon, Grand Forks, Nelson, and Vancouver, all in British Columbia; and in Lethbridge, Moose Jaw, Winnipeg, Fort William, Toronto and Montreal from 3 December 1947 to 3 March 1950. There were 1434 persons who filed claims. RG33-69 General Inventory
    Instrument de recherche :
    (Électronique) Finding aid 33-62 is a typed file list. 33-62 PDF (90 90: Ouvert)
    http://data2.archives.ca/pdf/pdf002/33-62_188_vols_1-79.pdf

    Information additionnelle :
    Note générale :
    The commission's report, dated 6 April 1950 was tabled in the House of Commons on 13 June 1950 as Sessional Paper No. 185a, 1950. An untitled, typewritten copy, 66 pages, is in the Records of Parliament (RG 14, D2, Vol. 559). The report of the Royal Commission does not include the appendices, which are as follows:
    Appendix I: "Recommendations for Payment of Awards"; includes the name of each claimant and the sum recommended for payment. A copy of this document is available in the National Archives of Canada, Records of the Office of the Auditor General (RG 58, Acc. 74-75/083, box 62, item 3).
    Appendix II: Statement of claims, reserved by counsel for special consideration by the Commissioner and recommendation made for each of these special cases (copy not located).
    Appendix III: Memorandum entitled "Fair Market Value". A copy of this document is available in the records of the Royal Commission (RG 33/69, vol. 79). Researchers may view a microfiche copy of this report by consulting finding aid 33-1, Henderson # 340.
    For more information about royal commissions, researchers should consult: Records of Federal Royal Commissions (RG 33) / James Murray Whalen. -- (General inventory series / Government Archives Division). -- Ottawa : National Archives of Canada, 1990).
    Source du titre :
    Order in Council PC 1810, 18 July 1947, as amended by Orders in Council PC 3737, 17 September 1947, PC 242 and PC 243, 22 January 1948.
    Versements complémentaires :
    No further accruals are expected.
    Groupes de documents reliés :
    See also: National Archives of Canada, Japanese Canadian Citizens Association, MG 28 V 7, Vols. 4-7, memoranda, bulletins, newsletters and correspondence relating to property claims of Japanese Canadians and the activities of the Cooperative Committee on Japanese Canadians. Also included is Appendix I to the report of the Royal Commission which includes the names of claimants with the amounts recommended for payment, 1947-1954.
    National Archives of Canada, Andrew Brewin Papers, MG 32 C 26, Vols. 1-2, correspondence, financial statements, statistics, and minutes relating to Brewin's activities as counsel for the Cooperative Committee on Japanese Canadians before the Royal Commission, 1944-1954.
    National Archives of Canada, E. Kagetsu Papers, MG 31 B 22, records relating to claims of the Deep Bay Logging Co., 1943-1954.
    National Archives of Canada, Morris C. Shumiatcher Papers, MG 31 E 19, material relating to nine claims represented by the firm of Shumiatcher and Shumiatcher before the Royal Commission on behalf of the Japanese Canadian Citizens Association and a file concerning the claim of T.B. Suzuki, 1946-1949.
    National Archives of Canada, Saul M. Cherniack Papers, MG 30 E 266, material relating to Cherniack's activities as a legal representative for the Cooperative Committee on Japanese Canadians before the Royal Commission and records of cases represented by Cherniack, 1947-1951.
    National Archives of Canada, Privy Council Office, RG 2 series B2, Vol. 182, file R-20J, entitled "Royal Commission Enquiries Japanese Claims", 1950.
    National Archives of Canada, Department of Justice, RG 13, Vol. 2123, file 152189 and file 152189-5. File entitled "Expenses of Japanese Claims Commission," 1947-1949, and file entitled "Japanese Property Claims Commission, Corporation claims - details of settlements recommended", 1948.
    National Archives of Canada, Records of Parliament, RG 14, D1, Vol. 653, Standing Committee on Public Accounts, Minutes of Proceedings and Evidence, 1947. This committee reported on the administration of the property of persons of the Japanese race by the Custodian of Enemy Property and, on 17 June 1947, it recommended the appointment of the Royal Commission.
    National Archives of Canada, Department of Finance RG 19, E2C, Vol. 506, file 1-21-6-0-2 and file 121-6-0-3, correspondence of the Cooperative Committee on Japanese Canadians regarding the payment of claims, 1950 and submissions of the National Japanese Canadian Citizens Association regarding economic losses of Japanese Canadians, 1948 and 1950.
    National Archives of Canada, Custodian of Enemy Property, RG 117, Microfilm reels C-9434 to C-9435 and C-9470 to C-9471, transcripts of hearings of the Royal Commission, a list of persons who filed claims, claims award sheets and a copy of the report of the Commission, 1947-1950; and RG 117, C1, Vol. 267, transcripts of hearings of the Royal Commission and legal arguments relating to Japanese claims.
    Source :
    Gouvernement
    No de contrôle d'autres systèmes :
    0FD375
    Ancien no de référence archivistique :
    RG33-69
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