Search for "Persons Case"

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Article

Emily Murphy's Famous Triumph

“I feel equal,” wrote Emily Murphy in 1927, “to high and splendid braveries.” By that point in her life, the 59-year-old native of Cookstown, Ontario, had earned the right to big ambitions: her achievements included turns as a successful writer (under the name “Janey Canuck”), social activist, self-taught legal expert and, as of 1916, the first woman magistrate in the British Empire. She was also a wife and mother.

Article

Famous Five

Alberta’s “Famous Five” were petitioners in the groundbreaking Persons Case. The case was brought before the Supreme Court of Canada in 1927. It was decided in 1929 by the Judicial Committee of the Privy Council, Canada’s highest appeals court at the time. The group was led by judge Emily Murphy. It also included  Henrietta EdwardsNellie McClungLouise McKinney and Irene Parlby. Together, the five women had many years of active work in various campaigns for women’s rights dating back to the 1880s and 1890s. They enjoyed a national — and in the case of McClung, an international — reputation among reformers.

Editorial

Irene Parlby and the United Farmers of Alberta

Most Canadians, if they have heard of Irene Parlby, know her as one of the “Famous Five.” This group of five Alberta women were plaintiffs in a court case that argued women were indeed persons under the British North America Act (now the Constitution Act, 1867) and thus entitled to be named to the Senate. It was a landmark case in the long struggle by women to achieve political and legal equality in Canada. But Parlby’s historical significance rests on much more than just the Persons Case.

Article

Irene Parlby

Mary Irene Parlby (née Marryat), Alberta MLA (1921–35), women’s rights advocate, activist (born 9 January 1868 in London, UK; died 12 July 1965 in Red Deer, AB). Irene Parlby served as a Member of the Legislative Assembly (MLA) of Alberta for 14 years. She was the first woman in Alberta, and the second in the British Empire, to be appointed to a cabinet position. One of the Famous Five appellants in the Persons Case, Parlby was a compelling advocate for women’s rights. Known as the “Women’s Minister,” her career in activism and legislation was dedicated to improving the lives of rural women and children, such as with Alberta’s Dower Act in 1917. She was also a delegate to the League of Nations in 1930. However, she has also been criticized for her views on eugenics and for her support of Alberta’s Sexual Sterilization Act. She was named a Person of National Historic Significance in 1966 and an honorary senator in 2009.

Article

Emily Murphy

Emily Murphy (née Ferguson, pen name Janey Canuck), writer, journalist, magistrate, political and legal reformer (born 14 March 1868 in Cookstown, ON; died 27 October 1933 in Edmonton, AB). Emily Murphy was the first woman magistrate in the British Empire. She was also one of the Famous Five behind the Persons Case, the successful campaign to have women declared persons in the eyes of British law. A self-described rebel, she was an outspoken feminist and suffragist and a controversial figure. Her views on immigration and eugenics have been criticized as racist and elitist. She was named a Person of National Historic Significance in 1958 and an honorary senator in 2009.

Article

Henrietta Muir Edwards

Henrietta Louise Edwards (née Muir), women’s rights activist, reformer, artist (born 18 December 1849 in Montreal, Canada East; died 9 November 1931 in Fort Macleod, AB). Henrietta Edwards fought from a young age for women’s rights and education, as well as women’s work and health. She helped found many movements, societies and organizations aimed at improving the lives of women, and was instrumental in passing Alberta’s Dower Act in 1917. She was also one of the Famous Five behind the Persons Case, the successful campaign to have women declared persons in the eyes of British law. However, her views on immigration and eugenics have been criticized as racist and elitist. She was named a Person of National Historic Significance in 1962 and an honorary senator in 2009.

Article

Persons Case

The Persons Case (Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate. The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act (now called the Constitution Act, 1867). Therefore, they were ineligible for appointment to the Senate. However, the Judicial Committee of the Privy Council reversed the Court’s decision on 18 October 1929. The Persons Case enabled women to work for change in both the House of Commons and the Senate. It also meant that women could no longer be denied rights based on a narrow interpretation of the law.

Article

Louise McKinney

Louise McKinney (née Crummy), Alberta MLA (1917–21), women’s rights activist, lay preacher (born 22 September 1868 in Frankville, ON; died 10 July 1931 in Claresholm, AB). Louise McKinney was the first woman elected to a legislature in Canada and in the British Empire. She was a member of the Woman’s Christian Temperance Union (WCTU) and a devout Methodist and prohibitionist. She was a pioneer suffragist and one of the Famous Five behind the Persons Case, the successful campaign to have women declared persons in the eyes of British law. She was also instrumental in passing Alberta’s Dower Act in 1917. However, her views on immigration and eugenics have been criticized as racist and elitist. She was named a Person of National Historic Significance in 1939 and an honorary senator in 2009.

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