The Person’s Case and the 'Famous Five'

Learning Goals: Essential question: Analyze the impact of the women’s movement in Canada since 1914. Assess how individual Canadians have contributed to the development of Canada. Analyze the changing responses of the federal and provincial governments to social and economic pressure. Essential question: How have women’s roles changed since WWI?

Making Connections: What are some issues that are currently affecting women in Canada? Around the world? domestic abuse? lower wages ‘glass ceiling’ abortion – right to choose HIV/Aids in developing world Strict restrictions in some Muslim counties

Examine the images on the following slides Examine the images on the following slides. Record your thoughts about each image on the lines below (what’s happening, what’s significant about it?) : Image 1: _________________________________________ ________________________________________________ Image 2: _________________________________________ Image 3: _________________________________________ Image 4: _________________________________________

1. You will not marry during the term of your contract. Rules for Teachers — 1915 1. You will not marry during the term of your contract. 2. You are not to keep company with men. 3. You must be home between the hours of 8 PM and 6 AM unless at a school function. 4. You may not loiter downtown in any of the ice cream stores. 5. You may not travel beyond the city limits unless you have permission of the chairman of the chairman of the school board. 6. You may not ride in carriages or automobiles with any man except your father or brother. 7. You may not smoke cigarettes. 8. You may not dress in bright colors. 9. You may under no circumstances dye your hair. 10. You must wear at least 2 petticoats. 11. Your dresses may not be any shorter than 2 inches above the ankles. 12. To keep the classroom neat and clean you must sweep the floor once a day, scrub the floor with hot soapy water once a week, clean the blackboards once a day and start the fire at 7 AM to have the school warm by 8 AM when the scholars arrive.

“Women are persons in the matter of pains and penalties, but are not persons in matters of rights and privileges.”

Now for some key terms Define the following terms in the space provided: Suffrage – the right to vote, especially in a political elections Magistrate – a civil officer responsible for administering law (e.g. judge) Supreme Court – the highest court in Canada British Privy Council – the highest court of appeal in the British Empire (including Canada at the time) M.P. – Member of Parliament (Federal) M.P.P. – Member of Provincial Parliament

Women’s roles and responsibilities “Man long ago decided that women’s sphere was anything he did not wish to do himself. He did not wish to stay home, still he knew someone should stay on the job, so he decided that home was women’s place.” - Nellie McClung (women’s rights advocate - 1913) “When I come home at night, I want a sweet, gentle creature to bring me my slippers.” - Sir Rodmond Roblin (Premier of Manitoba - 1914) “Man was made in such a form when compared to women that gives him the attributes of authority, government, and control. Women always was and always will be dependent on men … and it cannot be changed.” - John Dryden (Minister of Agriculture, Ontario - 1893)

The Beginnings of Change… By the 1920’s, many women refused to accept these limits anymore some changed their fashion (‘flappers’, ‘vamps’) some demanded the right to vote (‘suffragettes’) although they could vote, they were still far from being equal to men…

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”

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 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 Supreme Court said “NO!”, but…. On April 28, 1928, the Supreme Court of Canada said “No”. Women were not “legally” persons under the law. 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”. This meant women could now hold non-elected positions in Canada (ex. judges, senators)– a big step toward equality!

Reflect Essential question: How have women’s roles changed since WWI? Ideas? Women could vote in federal elections and most provincial elections Women could now work alongside men in factories Women could now become senators and judges (non-elected government positions)

Next step: Now watch the video Canada: A People`s History to see the connection between women`s rights and farmers rights in Canada at this time