''Cunningham v Homma'', is a decision of the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

that upheld a

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

law that prohibited Japanese Canadians and Chinese Canadians from voting. The case originated with an attempt by

Tomekichi Homma Tomekichi "Tomey" Homma (1865–1945) was a Canadian who was one of the first Japanese settlers of Steveston, which is now part of Richmond, British Columbia. He fought for the right to vote for Japanese-Canadians in provincial elections. Early ...

, a Japanese immigrant and naturalized Canadian, to register to vote in 1900. The registrar of voters, Thomas Cunningham, rejected Homma's application. Homma took the British Columbia government to court over the issue. Homma was successful at the County Court and the Supreme Court of British Columbia However, the case ultimately made its way to the

, which at that time was the highest court in the Canadian legal system. In ''Cunningham v Homma'', the Privy Council ruled against Homma. The court determined that while the federal government had exclusive jurisdiction over the naturalization of citizens, the provinces had the right to legislate who could vote in provincial and municipal elections. There was no inherent right to vote for naturalized citizens. Provinces and their municipalities could determine who could vote, which meant they could bar any naturalized ethnic group they chose. Parks Canada has designated this case as being of National Historical Significance. Asian Canadians would not garner the right to vote until 1949, four years after Homma died. In recognition of his contribution to the democratic system, in December 2017 the

Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...

, through Parks Canada, dedicated a plaque in his honour at the Nikkei National Museum and Cultural Centre in

Burnaby Burnaby is a city in the Lower Mainland region of British Columbia, Canada. Located in the centre of the Burrard Peninsula, it neighbours the City of Vancouver to the west, the District of North Vancouver across the confluence of the Burrard I ...

List of Judicial Committee of the Privy Council cases This is a list of major cases decided by the Judicial Committee of the Privy Council. These include appeals from the following countries:1902 in Canadian case law Canadian federalism case law Canadian civil rights case law Judicial Committee of the Privy Council cases on appeal from Canada Race-related case law Discrimination in Canada Ethnic minorities Electoral restrictions Anti-Asian sentiment in Canada 1902 in British Columbia Anti-Chinese activities in Canada Anti-Japanese activities in Canada Asian-Canadian culture in British Columbia British Columbia case law Voter suppression {{Canada-law-stub Electoral fraud in Canada

See also