| This paper will examine the Chinese judicial campaign against racism in a historical approach. I will argue that the judiciary is incapable of challenging the racism against Chinese; on the contrary, it has posed more difficulty for the Chinese Canadians to seek redress. For this purpose, I am going to divide my paper into the following parts: First, I will summarize the decades of racial discrimination faced by Chinese immigrants in Canada and the detrimental impact on their community. Next, I will, through case study, demonstrate the incapability of the judiciary in history to challenge racism against Chinese. My discussion will base on the jurisprudence affecting Chinese immigrants before the Mack case. My argumentation is twofold: 1) whether a racist law is still law; and 2) if it is denied to be law, whether such denial is made due to its racist character. The answer to the latter question is to be found negative, and the one to the former is to be found affirmative. Then, I will look at the Mack case. On the one hand, I will demonstrate that the incapability of the judiciary to challenge racism is still existent and unalterable; on the other hand, I will discuss the difficulty, which may be multiplied by this case, of the Chinese Canadians in seeking full redress. Finally, I will draw my conclusion. In short, this paper is not only a legal commentary, but also a social observation. I will apply the critical race theory in examining the history of dispute settlement between a minority group, whose ancestors had suffered from legalized discrimination, and a government, whose racial discriminatory policy and practice has been defended by the judiciary. In May 2003, there was a conference on the relative issues held at the Faculty of Law, University of Toronto. The papers presented thereat8 are valuable references for me to compose this paper. |