The Person’s Case and the “Famous Five”

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Presentation transcript:

The Person’s Case and the “Famous Five”

The Person’s Case In 1916 Emily Murphy became the first female Magistrate (Judge) in Canadian history and the British Commonwealth. Women had been elected in the Alberta legislature within a year of getting the vote and Nellie McClung won a seat in Edmonton in 1921. However, according to the BNA Act (1867) only “persons” could hold seats in a legislature or be a judge in a court of law. According to law, women were not considered at this time to be “persons” with respect to “rights” and “privileges” Emily Murphy

Supreme Court Challenge Murphy had an idea. The senate was filled with senators and they were “persons”. As a result, if a Canadian prime minister appointed her to the senate it would prove that she was a person too. Interesting logic! Her request was rejected. However, she read that 5 “concerned citizens” could request a Supreme court hearing on any point in the BNA Act so she launched a Supreme Court Challenge along with four other women. Hence, the “Famous Five” The Canadian Supreme Court

The Famous Five Emily Murphy: Judge Henrietta Edwards: Co-founder of the National Council of Women Nellie McClung: Former member of the Alberta Legislature Louise McKinney: Former member of the Alberta Legislature Irene Parlby: Alberta Cabinet Minister The Famous Five

The Supreme Court Said “no!” On April 28th 1928, the Supreme Court of Canada said “No”. Women were not “legally” persons under the law. For a judge like Emily Murphy, this made her job impossible. As one lawyer said to her in a court of law, “how can you judge a case when you’re not even a person!” However, the famous five rejected the Canadian Supreme court and went to London England to have their case heard by a higher court: The British Privy Council”. In a landmark ruling the Council ruled that women were indeed “persons under the law”. It took Britain involvement to provide rights for Canada’s women! For more info, view the Historica Heritage Minute on Emily Murphy The Privy Council Office