For the past three years, as a researcher of legal consciousness in Asian and Canadian societies, I have interviewed Chinese immigrants and the lawyers who represent them, trying to understand why predatory practices — deceptive rental agreements and exploitative work arrangements — remain so common within this community.

The advice from lawyers was always the same: sign a written contract, and carefully review all contractual terms and clauses before you do.

That advice is important because, without it, cases tend to fall apart. Studies reveal that judges and lawyers alike report struggling with a lack of documentary evidence in cases involving Chinese immigrants. When disputes arise, there is little in terms of paperwork to settle things, only agreements made on a handshake and terms remembered differently by each side.

Why do so many Chinese immigrants overwhelmingly choose not to sign contracts or discuss terms openly? The answers offered by previous research have been culture — specifically, Confucian values that favour informal trust over legal formality.

To some extent, culture does play a role, but it is not a determining factor. My research points instead to structural inequalities, such as unrecognized foreign credentials and the disadvantaged footing immigrants occupy in the rental market.

Challenging ‘the culture’........

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