FOR IMMEDIATE RELEASE

PUTTING "LEGAL LIABILITY" EXCUSE TO REST

TORONTO - January 13, 2006 - The Chinese Canadian National Council (CCNC) and the 
Ontario Coalition for Chinese Head Tax Payers and Families  (OCCHTPF)today re-released 
a copy of the Ontario Superior Court of Justice, July 9th 2001, ruling that there is no legal liability 
for head tax redress but astrong moral responsibility.  

"The desperate last ditch efforts to mislead voters are getting tiresome," said Avvy Go legal 
counsel to the Ontario Coalition, "So we're printing a copy of the court's decision to settle 
theissue once and for all."  

This Superior Court decision was upheld by the Court of Appeal Ontario in September of 2002.  
A leave to appeal was dismissed by the Supreme Court of Canada in April 2003. 

Minister of State (Multiculturalism) Raymond Chan continues to point to the potential legalliability 
if a formal apology is given for 62 years of legislated racismunder the Head Tax and Chinese 
Exclusion Act.  

"This is a good reason why the head tax issue should have been assigned to the Ministry of Justice"
said Susan Eng co-chair of the Ontario Coalition, "I doubt that this 
kind of misinformation would have gone on for this long."

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Chinese Canadian National Council
Christine Li, National Executive, (416) 977-9871

Ontario Coalition
Susan Eng, Co-Chair, (416) 960-0312
Avvy Go, Legal Counsel, (416) 971-9674

Chinese Canadians flex muscles at the polls

VANCOUVER
— Not that long ago, they would have meekly accepted the federal
government's long-held position to neither compensate nor apologize for
the racist head tax once imposed on Chinese immigrants. But that has
changed.

Canada's ethnic Chinese are meek no longer.

“I think the head-tax issue is a good example of the Canadianization
of the Chinese community,” says Winnie Ho, news director of Fairchild
Television. “And I think that has set up a whole new dynamic in terms
of dealing with the Chinese community, a dynamic that we're really
seeing for the first time in this federal election.”

The ethnic Chinese vote is coveted by politicians right across the
country. But no more so than in Greater Vancouver, where in some
communities Chinese Canadians comprise up to 40 per cent of the
population.

“A lot of Canada's so-called new Chinese immigrants have now been
here 10, 20 years,” says Ms. Ho, one of the most influential figures in
the ethnic Chinese community. “They now understand how the game is
played. They now understand they don't have to accept whatever they are
told. That is what happened with the head-tax issue and I think there
is a lesson in that for all politicians.”

Initially, the federal government had an agreement with a number of
Chinese-Canadian organizations to provide $2.5-million for programs
acknowledging the racism of the past. But the agreement included no
apology and no compensation for any of the few surviving immigrants who
paid the head tax, nor for any of their families.

The Chinese Canadian National Council, however, said that wasn't
good enough. It questioned how the money would be spent. It questioned
why any agreement couldn't come with a formal government apology, which
was important to many Chinese Canadians.

Read more click here Chinese Canadians flex muscles at the polls

Global News with Kevin Newman: Ethnic issues election report from Vancouver Chinatown


Deb Martin and Todd Wong meet Kevin Newman –  the 2005 Gemini Award winning “Best News Anchor.”

Kevin Newman and the Global National news report gave a special
Election Report on how ethnic issues are helping to shape the 2005
Election issues.   Kevin Newman examines the issue

The show was recorded live at Dr. Sun Yat Sen Gardens
in Vancouver Chinatown. We were sitting in our seats at 2pm, ran
through some practices, then went live to the nation from 3:30pm to
4pm.  It was great to be part of the audience.  Sid Tan,
Harvey Lee and myself were there from the BC Coalition for Head Tax
Payers, Their Spouses, and Descendants.

Imtiaz Popat (front row) talks with
Todd Wong (2nd row) while Sid Tan watches the Global National team
prepare the show, Charlene Sayo of the Filipino Youth Alliance is in
the 3rd Row – photo Deb Martin.

REAL DEAL: Immigrant Issues
“From the manicured greenery of the Dr. Sun Yat Sen Gardens in
Vancouver's Chinatown, Global National's Kevin Newman explores the
immigrant issues that are becoming a major electoral factor, and will
play a significant role in shaping the next government of Canada.”

Kevin Newman opened

with this statement.
Named after the Chinese leader who plotted to overthrow the last
emperor of China while exiled in Vancouver, the Dr. Sun Yat Sen Gardens
is the scene of Tuesday night's immigration-themed broadcast

It was great to sit at the Sun Yat Sen Gardens and share with them that my Great-Great-Grandfather
Rev. Chan Yu Tan had helped to raise funds in Vancouver for Dr. Sun Yat
Sen.  It was also my cousin Joe Wai who served as the architect for the Dr. Sun Yat Sen Chinese Classical Gardens and the brand new Hall of One Hundred Rivers where the Global Newscast was held.

I did get to speak – I answered the question “How did the leaders do on the debate?”

I said :

I should have said:

Hindsight (sigh) is always better….

Have to remember what I really want to say – instead of just answering the question.



Todd Wong, Deb Martin and Harvey Lee
(back row) with Imtiaz Popat and Sid Tan (front row) in the audience at
the Global News Report from Dr. Sun Yat Sen Gardens

We saw a clip that Global reporter Jas Johal did on the Chinese Head
Tax issue.  We were excited to see our friends Daniel and Cynthia
briefly interviewed as they showed the certificate of their
ancestors.  Raymond Chan was also included saying the same old
lines, no doubt David Emerson will soon shift the bar and leave Raymond
behind again.  Of special note – a 95 year old survivor is
interviewed saying that she was her money back.  See the
clip:  Jas Johal on Chinese Head Tax issue

Kevin Newman asked Sid Tan (Chinese Canadian National Council) about the power of block voting regarding the head tax issue.

Which party and leader best understands the issues facing Canada's immigrants and minority issues

NDP                     35%

Conservatives       29%

Liberals                 27%

Bloc Quebecois      9%


Check out these other Global National Online Extras
» Exclusive Poll on immigrant issues

Gabriel Yiu:  Prime Minister Martin Must Apologize in Parliament



I
have gotten to know media commentator Gabriel Yiu only since November
during the Vancouver civic election.  I have been working
alongside him on the BC Coalition for Head Tax Payers, Their Spouses
and Descendants since December 2005.  I am really pleased to know
him and to call him a new friend.  Even though he is not a head
tax descendant, he cares very deeply about justice, honour and the
Canadian communities.  And his English is much much better than my Cantonese.


Prime
Minister Paul Martin Must Apologize in Parliament
Gabriel
Yiu, 6.1.2006 Global Chinese
Press
 
The
political clout of the Chinese community has finally shown itself in the head
tax redress issue.  Due to the tight
race, Prime Minister Paul Martin is forced to give in.  In order to spread his words, the prime
minister has to offer himself again and again to Chinese-language media for
one-on-one interviews during his hectic campaign schedule.
 
He
offered himself to Fairchild Radio for an interview on January 3.  When he was asked about the head tax
issue, Martin said: “Do I regret this? Yes. Do I apologize? Yes.”  The prime minister has finally
apologized. But it's not enough. 
Furthermore, his sincerity is also being
questioned.
 
First,
the unjust and racist Chinese head tax and Chinese Exclusion Act were legislated
in Parliament and had caused immense hardship to tens of thousands of Chinese
Canadians. The prime minister must apologize in Parliament, so that it would be
written into the history of Canada.  Apologizing in an ethnic media station
during the election campaign is not enough. The interesting fact is, when the
prime minister was again asked the same question of apology in a press
conference filled with reporters from mainstream media the following day, he did
not want to discuss it. 

 
Second,
shortly before the election campaign started, the Minister of State
(Multiculturalism), Raymond Chan, signed an agreement-in-principle with the
National Chinese Canadian Congress which represents the Canadian Chinese
community in Canada.
There it is stated that the government’s position is no apology and no
compensation.  If Prime Minister
Paul Martin genuinely apologizes on behalf of the government, he must rescind
the agreement that contradicts his position.  Otherwise, Martin's so-called apology is
merely cheap political tactic.
 
Third,
the meaning of an apology that carries no compensation is also in doubt.  When you did something terrible to a
person, causing great pain and hardship for a long period of time, a simple
apology without compensation is unsatisfactory.  Therefore, if the government has to
apologize, it should also pay compensation to the victims, or reimburse the tax
to those who paid the unfair tax or their descendants.  At the very least, the government should
reimburse the tax collected to about 250 of the surviving head taxpayers and
spouses.
 
Fourth,
Paul Martin should promise in sincerity that his government will re-start
negotiation with the head tax families and their authorized representatives, in
order to complete an honorable redress settlement package.
 
Given
the current situation, a just and historic redress of the Head Tax and the
Chinese Exclusion Act is within reach. 
Nevertheless, unless the prime minister can meet the above four points,
the matter is still unfinished business.
 
On
January 4, the headlines on the front page of Ming Pao were “Martin: I
apologize”, “3 ministers all express support for apology”, and “Raymond Chan
wants to be the first to jump up to apologize.”The
three ministers are Ujjal Dosanjh, Stephen Owen and David Emerson. Dosanjh and
Owen are lawyers; both had worked as B.C.’s Attorney General and Deputy Attorney
General.  David Emerson has also
consulted a legal expert; they all support making an apology and don't worry
about the likelihood that an apology would open a floodgate to unlimited
litigations.
 
On
the other hand, Raymond Chan, the minister who has been pronouncing that by
apologizing the government would open the floodgates to unlimited litigations,
thus causing taxpayers a huge burden, now wants to be the first one to jump up
to apologize.  The more amusing part
is, in the Ming Pao story, Chan complained: “Conservative leader Stephen Harper
is the most dishonest person in the Head Tax affair.” He also said the first
person who tabled Bill C333, Inky Mak, who is himself a head tax descendent and
a conservative MP, also “agreed with the opinion of legal experts and support
the government’s stand not to apologize.”
 
The
most dishonest person accusing others for being dishonest is shameful
indeed.  The fact is, Bill C333,
first tabled by Inky Mak, had the clause of apology in it.  It was the Liberal Party that amended
and removed the apology clause.  If
Mak truly thought that apology was not called for, his original bill wouldn't
have that clause.  By now, we know
that the floodgates excuse is merely a deceptive fear-mongering tactic.  This time, Minister Chan can no longer
accuse government opponents who don't buy into his reason for misleading the
public.  Now, Chan said he “commends
the prime minister for apologizing.” 
Chan hasn't shown a tiny bit of remorse; he immediately switches the
focus to attacking his opponents.
 
In
this redress campaign, we see a new phenomenon: the Chinese community has
matured and the Chinese media have progressed.  One open-line show after another, what
we hear is Chinese-Canadians not influenced by the authoritative Chinese
minister and the community organizations that signed and supported the unjust
agreement.  Even though the
English-language media give wide coverage to the head tax news, it is the
Chinese-language media that provide a more diverse, in-depth and leading
role.  Also, various community
activists stepped out at the critical moment, working with the media to provide
the truth, explaining the significance and the injustice and exposing the
numerous problems of the agreement. Finally, even the prime minister has to
concede.
 
How
can we make the Liberal do the right thing?  The solution could be quite simple.  When the Liberal candidate's campaign
workers in your riding call or knock on your door to seek your support, just
express your dissatisfaction with their insincere head tax apology and your
hesitation or refusal to vote for that candidate. We will soon hear good
news.
 
Of
course, this is also the time to demand a more clearly defined promise from the
leader of the Conservative.  Unlike
the NDP, Stephen Harper's position on the compensation part is vague.  If Mr. Harper is wise, and publicly
committed to the above redress requirements, he could embarrass his major rival
considerably, at the same time gain respect from the Chinese
community.
 

– Gabriel Yiu
6.1.2006 Global Chinese
Press


The opposition parties' responses to a questionnaire on the Head Tax and Exclusion Act can be found at www.headtaxredress.org
 

CBC archives News clip: Brian Mulroney apologizes to Japanese Canadians

Look what I found!
http://archives.cbc.ca/IDC-1-71-568-2924/conflict_war/internment/clip9

“I know that I speak for Members on all sides of the House today in
offering to Japanese Canadians the formal and sincere apology of this
Parliament for those past injustices against them, against their
families, against their heritage, and our solemn commitment and
undertaking to Canadians of every origin that such violations will
never again in this country be countenanced or repeated.” – Prime
Minister Brian Mulroney, House of Commons, September 22, 1988.

This news clip shows the Liberals what a REAL apology sounds like. Not the flimsy Paul Martin apology that the Prime Minister stammered to Fairchild Radio in an interview taped in
Victoria Tuesday and broadcast Wednesday.

“As I have said many times, do I regret this? The answer is yes. Do
I apologize? Yes,”  “I don't know how anyone could not regret what occurred.”

Ooops – but don't let Hedy Fry hear it – she will say it was a mistake
to give individual compensation to the Japanese Canadians.  Then next,
she will have to say that Ronald Reagan made a mistake in giving
compensation to the Japanese Americans.  And the New Zealanders made a
mistake in giving compensation to the Chinese-New Zealanders, to which Chan says they have a different kind of legal system.

Has anybody noticed that it is both Chan and Fry, present and past
ministers of multiculturalism that are both immigrants?  And that while they
do lots for new immigrants – but seem to forget about honouring the
pioneer immigrants that fought decades of
discrimination and racial prejudice, demonstrating that we could be
Good Canadians too, finally allowing the government to open the
immigration doors to them personally?

Libby Davies welcomes the Liberal Flip Flop on Head Tax Redress

Libby Davies is one of the hardest working MP's in Ottawa, and she has worked hard on gaining redress for Chinese Canadians continuing the work of Margaret Mitchell in the 1980's when Redress for Chinese Canadian head tax and exclusion act first came up.  I have been fortunate to meet Libby a number of times.  She is sincere and honest, and always busy working.  She has supported events for Asian Canadian Writers' Workshop in the past, and had planned to attend last year's 2005 dinner but Parliament was recalled.  We are pleased that Libby Davies, MP for Chinatown will be attending as a special guest for 2006 Gung Haggis Fat Choy dinner.

Press Release                                 January 9, 2006

NDP WELCOMES LIBERAL FLIP FLOP ON HEAD TAX AND CALLS FOR REDRESS

January 9, 2006 Vancouver – Libby Davies, NDP MP and Candidate for Vancouver East, welcomes the news that the Liberals will at last consider a public apology to head tax payers and calls on the federal government to negotiate a fair compensation package for the discriminatory tax.

In November, both the Liberal and Conservative parties rejected NDP amendments to proposed legislation that called for an apology and redress for Chinese Head Tax payers and their families. Shortly after they rejected the amendments, the Liberals announced a $2.5 million deal with a few select groups for commemorative measures, despite calls from several other head tax payer organizations, such as the Chinese Canadian National Council, to be involved.

Both the Liberals and Conservatives changed their positions on the head tax, but not until well after the election was called and the NDP campaigned for a new position from the government.

“This issue is about more than getting votes during an election,” said Davies. “This has divided the Chinese Canadian community. The federal government must repeal the existing agreement, which excludes several groups at the forefront of the redress movement, and find a course of compromise that meets the needs of this diverse community.”

The Canadian government collected $23 million from Chinese immigrants to Canada between 1885 and 1923.  Former NDP MP Margaret Mitchell first brought the issue to the House of Commons in 1984. In 2004, Libby Davies tabled a motion asking for an apology and redress for head tax payers, their families and representatives.

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