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Conflicting Decisions: Why The Privy Council Drifted From Precedent In Deciding Cunningham V Homma, Keita Szemok-Uto Apr 2024

Conflicting Decisions: Why The Privy Council Drifted From Precedent In Deciding Cunningham V Homma, Keita Szemok-Uto

Dalhousie Law Journal

his paper highlights the structural barriers to voting rights that Japanese-Canadians in BC faced in the early 20th century. It documents Tomekichi Homma’s challenge of provincial legislation which prevented the Japanese from voting in local elections. His fight went to the Judicial Committee of the Privy Council, then the highest court of appeal in Canada. While Homma challenged the law because it denied voting rights based on racial grounds, the courts made little to no reference to race or ethnicity in hearing the issue; their focus was on questions of constitutionality and the division of powers. The Privy Council employed …


Local Elections In Canada, A Wr Carrothers Oct 1990

Local Elections In Canada, A Wr Carrothers

Dalhousie Law Journal

This book is the fifth in a series by the same author, and the same publisher, on Canadian Election Law. The previous books (with their sub-titles) are as follows: Political Rights (The Legal Framework of Elections in Canada); Lawmaking by the People (Referendums and Plebiscites in Canada); Money and Message (The Law Governing Election Financing, Advertising, Broadcasting and Campaigning in Canada); and, Election Law in Canada (The Law and Procedure of Federal, Provincial and Territorial Elections (two volumes)). The present book is sub-titled "The Law Governing Elections of Municipal Councils, School Boards and Other Local Authorities". The sub-title is a …