Cunningham v. Tomey Homma
[1903] C.C.S. 45 [1903] A.C. 151

Judicial Committee of the Privy Council, England
[1903]

Government — Elections — Provincial — Effect of naturalization on right to vote in — Governed by provinces - - B.N.A. Act — Provincial Elections Act.

This was an appeal from an order of the Supreme Court of British Columbia which ordered that the name of the defendant Japanese be placed on the register of voters in British Columbia. The defendant was a naturalized citizen of Canada, and as such claimed suffrage in any province. The provincial legislature passed the Provincial Elections Act, R.S.B.C. 1897, c. 67 prohibiting any Japanese, naturalized or not, from voting.

Held : On appeal from Canada, that though the Dominion Parliament was given, under s. 91, s.s. 25 of the B.N.A. Act, the exclusive jurisdiction in regard to naturalization, the right to vote in provincial elections was not inherent in any naturalized citizen, but must come through the laws of the province which had the right to determine the privileges of naturalization in regard to voting in provincial elections.