Grade 10 Canadian History: Since World War One

Canada 1914–1929Lesson #3

Learning Goals1. We will describe how some individuals,

organizations, domestic and international events contributed to the development of identity, citizenship, and/or heritage in Canada.

Success Criteria1. We will describe how there was ‘continuity and

change’ regarding these contributions.

Big Questions1. What were some significant developments regarding

the rights and lives of women in Canada during this period? What was the impact of these developments on Canadian citizenship and/or heritage?

The Persons CaseWhy are women NOT considered persons?

Emily Murphy Henrietta Muir Edwards

In 1867 Canada became a country after the British North America Act (BNA Act) was signed. This gave full rights and freedoms to all persons. But who were considered ‘persons’? When the topic came up in 1876 regarding women, the British government declared that, "Women are persons in matters of pains and penalties, but are not persons in matters of rights and privileges.“ This meant women were not considered ‘persons’ and were unable to vote, run for political office, and did not have the same rights as Canadian men.

The Persons Case

In 1916, social activist Emily Murphy from Alberta, was appointed as the first woman police magistrate in Alberta. Her appointment was challenged on the grounds that women were not persons under the BNA Act. In 1917, the Alberta Supreme Court ruled that women were included as persons. However, this ruling only applied to Alberta.

The Persons Case

In 1917, Emily Murphy allowed her name to be put forward as a candidate for the Senate, at the federal level of government. Prime Minister Sir Robert Borden turned her down, because she was not considered a person under the BNA Act. How can this be? If women could work in factories, operate house-holds/farms (during the war) and support the war effort, why were they not allowed the same rights as Canadian men?

The Persons Case

For years women groups fought to gain equal political rights for all women across Canada. In 1927, Emily Murphy appealed to the Supreme Court of Canada to clarify the definition of ‘persons’ in Canada. She and the other women’s rights activists,(the Famous Five), signed a petition to the Senate of Canada. They wanted females to be considered ‘persons’ in the BNA. On April 24, 1928, the Supreme Court of Canada determined that they were not ‘persons’.

The Persons Case

However the Famous Five were persistent. In 1929 (with the help of new Prime Minister Mackenzie King), they appealed the Supreme Court of Canada’s decisions to the Judicial Committee of the Privy Council in England. On October 18, 1929, the British Privy Council realized that, “yes, women are persons ... and eligible to be summoned and may become Members of the Senate of Canada." The Privy Council ended with the statement: "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?"

The Persons Case

In 1930, just a few months after the Persons Case, Prime Minister Mackenzie King appointed Cairine Wilson to the Canadian Senate. Many expected Emily Murphy, a Conservative, to become the first woman appointed to the Canadian Senate because of her leadership role in the Persons Case, but Cairine Wilson's work in Liberal party political organization took precedence with the Liberal prime minister.