Cunningham v. Homma
Encyclopedia
Cunningham v. Homma [1903] A.C. 151, C.C.S. 45, is a famous decision of the Judicial Committee of the Privy Council
that upheld a British Columbia
law that prohibited Chinese Canadian
s from voting.
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.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
that upheld a British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
law that prohibited Chinese Canadian
Chinese Canadian
Chinese Canadians are Canadians of Chinese descent. They constitute the second-largest visible minority group in Canada, after South Asian Canadians...
s from voting.
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.