Cunningham v. Homma

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Cunningham v. Homma
Royal Arms of the United Kingdom (Privy Council).svg
Court Judicial Committee of the Privy Council
Full case name The Collector of Voter for the Electoral District of Vancouver City and the Attorney General for the Province of British Columbia v Tomey Homma and the Attorney General for the Dominions of Canada
Decided 17 December 1902
Citation(s) [1902] UKPC 60, [1903] 9 AC 151, CCS 45
Case history
Appealed from Supreme Court of British Columbia
Court membership
Judges sitting The Lord Chancellor, Lord Macnaghten, Lord Davey, Lord Robertson, Lord Lindley
Case opinions
Decision by The Lord Chancellor

Cunningham v. Homma[1] is a famous decision of the Judicial Committee of the Privy Council that upheld a British Columbia law that prohibited Japanese Canadians and Chinese Canadians from voting.[2]

The Council held that, although the federal government had the exclusive jurisdiction over "naturalization", the right to vote in provincial elections was not inherent for naturalized citizens, but rather had to be legislated. Thus, it was up to the municipalities to determine who could have the right to vote and could prohibit any naturalized ethnic group they chose.

See also[edit]

References[edit]

  1. ^ Cunningham v. Homma [1902] UKPC 60, [1903] 9 AC 151, CCS 45 (17 December 1902), P.C. (on appeal from British Columbia)
  2. ^ Hogg, Peter W. (1982). Canada Act 1982, annotated. Toronto: The Carswell Company Limited. p. 155. ISBN 0-459-35130-3. OL 22124439M.