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 AND THE “FAMOUS FIVE”

The Person’s Case: Emily Murphy In 1916 Emily Murphy became the first female Magistrate (Judge) in Canadian history and the British Commonwealth. Emily Murphy

The Person’s Case: Nellie McClung Women had been elected in the Alberta legislature within a year of getting the vote. Nellie McClung won a seat in Edmonton in 1921. Nellie McClung

The Person’s Case: Who is a “person”? However, according to the BNA Act (1867) only “persons” (men) could hold seats in a legislature or be a judge in a court of law. Who is a “Person”?

The Person’s Case: Who is a “person”? According to Canadian law, women were not considered, at this time, to be “persons” with respect to “rights” and “privileges” Who is a “Person”?

Senators are Persons Murphy had an idea: the senate was filled with senators and they were “persons”. As a result, if a Canadian PM appointed her to the senate it would prove that she was a person too - Interesting logic!

The Supreme Court + the Famous Five Her request was rejected by PM Mackenzie King. 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. The Canadian Supreme Court

The Supreme Court + the Famous Five Hence, the “Famous Five”, also known as the “Valiant Five”, came to be. 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 The Famous Five

The Famous Five 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. Supreme Court of Canada

The Supreme Court Said “No!” 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!?” Supreme Court of Canada

The British Privy Council says “Yes!” 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. The Privy Council Office

The British Privy Council says “Yes!” 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! The Privy Council Office

first women to become a Senator in Canada (1930-1962) Agnes MacPhail: first women to become a Member of Parliament (MP) In Canada (1921-1935) Cairine Wilson: first women to become a Senator in Canada (1930-1962)

Historica Minute Historica Heritage Minute on Emily Murphy. The Famous Five secure the rights of women as persons throughout the Commonwealth (1929). https://www.youtube.com/watch?v=yDqm3Ac zeg0