Celebrating Women's History
Rediscover our history by
learning about the
women who helped to create it.
The Famous Five and the
Persons Case
On October 18, 1929, a landmark legal decision for Canadian
women was made when women were legally recognized as "persons" under British
common law. The decision was made necessary because The British North America Act, which
governed Canada at the time, used the word "persons" when it referred to more
than one person and the word "he" when it referred to one person. Those who
wanted to keep women from being appointed as judges and senators claimed that women
weren't eligible for these positions because they weren't recognized as persons under the
law.
Five Canadian women disputed this claim. They were Judge
Emily Murphy, the first magistrate in the British Empire; Henrietta Muir Edwards, Convenor
of Laws for the National Council of Women; Louise McKinney, the first woman elected to a
legislature in the British Empire; Irene Parlby, an Albertan cabinet minister; and Nellie
McClung, the writer who was instrumental in making Manitoba the first province to grant
women the right to vote.
These "Famous Five" women first went to the
Supreme Court of Canada, which decided the word "persons" did not include women.
Undaunted, they took the case to the Privy Council of Great Britain, which, in those days,
was Canada's highest court. The Privy Council ruled "that the exclusion of women from
all public offices is a relic of days more barbarous than ours...And to those who would
ask why the word "persons" should include females, the obvious answer is, 'Why
should it not?'"
For Discussion Purposes:
(a) At the time of the historic
"Persons Case", the Privy Council of Great Britain was the highest court in
Canada, overseeing The British North America Act. Why was Canada's highest court located
in England?
(b) The "Persons Case" was a
stepping stone in the continuing struggle towards women's economic, social and political
equality. Why was it so important?
(c) What other "firsts" were
made by members of the "Famous Five" who have been honoured in Ottawa with a
statue recognizing their accomplishments?
(d) The "Persons Case" only
reflected on the status of British-Canadian women. Why do you think immigrant and
Aboriginal women were not included?
(e) Throughout history, unpaid work has
often been unrecognized and undervalued. Women have always provided the majority of this
work. Discuss this issue in terms of home-based work such as housework and childcare.
Also, look at the work that women have done outside the home on the farm, in the labour
market and with volunteer organizations.
(f) For the first time, the 1996 Census of
Canada included questions on the contributions by women and men to unpaid work. Do you
think this is a good idea and why? How much money do you think it's worth to the Canadian
economy if we had to pay for this unpaid work?
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