Law and British North Act
PERSONS DAY
84 YEARS AGO ON OCTOBER 18, 1929 THE PERSONS
CASE WAS DECIDED. THE CASE WAS ABOUT THE
LEGAL DEFINITION OF “PERSONS”
IN CANADA'S 19TH CENTURY
CONSTITUTION THE BRITISH NORTH
ACT OF 1867 AND LAWS WHICH ASSUMED THAT
“PERSONS” MEANT MEN
BY 1921 WOMEN HAD FINALLY BEEN GRANTED
THE RIGHT TO THE VOTE AND COULD BE
APPOINTED JUDGES BUT THEY WERE STILL
DENIED THE RIGHT TO BE APPOINTED TO THE
SENATE.
FIVE WOMEN : EMILY MURPHY (1868-
1933), LOUISE
MCKINNEY (1868-19330), IRENE PARLBY (1868-1931),
NELLIE MCCLUNG (1873-1951) AND HENRIETTA
MUIR EDWARDS (1849-1931) DECIDED ON BEHALF
OF ALL CANADIAN WOMEN TO CHALLENGE THE
WORDING WHICH PREVENTED THEIR
APPOINTMENT TO THE SENATE. THEY BECAME
KNOWN AS THE FAMOUS FIVE
THESE FIVE WOMEN HAD BEEN AT
THE CENTRE OF ALL THE MAJOR LEGAL BATTLES
FOR WOMEN'S RIGHTS IN CANADA. THEY WERE
ADVOCATES AGAINST ALCOHOL ABUSE, VIOLENCE
AGAINST WOMEN, WOMEN'S CUSTODY RIGHTS IN
MARRIAGE BREAKUPS, WOMEN'S PROPERTY
RIGHTS, WOMEN'S RIGHT TO AN EDUCATION, ETC.
THEY LAUNCHED A SERIES OF COURT
CHALLENGES IN CANADIAN COURTS AND THEY
LOST AT EVERY LEVEL IN THEIR ATTEMPTS TO GET
WOMEN DEFINED AS “PERSONS” IN ORDER TO BE
APPOINTED TO THE SENATE.
AT THAT TIME IN 1929 CANADIANS IF THEY LOST AT
THE CANADIAN SUPREME COURT COULD APPEAL
AS A LAST RESORT TO THE JUDICIAL COMMITTEE
OF THE PRIVY COUNCIL IN LONDON ENGLAND.
ON OCTOBER 18, 1929 THE JUDICIAL COMMITTEE OF
THE PRIVY COUNCIL RULED THAT WOMEN WERE
INDEED “PERSONS” AND THAT IN THE WORDS OF
LORD SANKEY THE DENIAL OF THE RIGHT TO BE
APPOINTED TO THE SENATE WAS A “RELIC OF DAYS
MORE BARBAROUS THAN OURS. AND TO THOSE
WHO WOULD ASK WHY THE WORD'PERSON”
SHOULD INCLUDE FEMALES, THE OBVIOUS ANSWER
IS WHY NOT”
CARINNE WILSON WAS APPOINTED AS THE FIRST
WOMAN SENATOR IN 1930. ON NOVEMBER 6,
84 YEARS AGO ON OCTOBER 18, 1929 THE PERSONS
CASE WAS DECIDED. THE CASE WAS ABOUT THE
LEGAL DEFINITION OF “PERSONS”
IN CANADA'S 19TH CENTURY
CONSTITUTION THE BRITISH NORTH
ACT OF 1867 AND LAWS WHICH ASSUMED THAT
“PERSONS” MEANT MEN
BY 1921 WOMEN HAD FINALLY BEEN GRANTED
THE RIGHT TO THE VOTE AND COULD BE
APPOINTED JUDGES BUT THEY WERE STILL
DENIED THE RIGHT TO BE APPOINTED TO THE
SENATE.
FIVE WOMEN : EMILY MURPHY (1868-
1933), LOUISE
MCKINNEY (1868-19330), IRENE PARLBY (1868-1931),
NELLIE MCCLUNG (1873-1951) AND HENRIETTA
MUIR EDWARDS (1849-1931) DECIDED ON BEHALF
OF ALL CANADIAN WOMEN TO CHALLENGE THE
WORDING WHICH PREVENTED THEIR
APPOINTMENT TO THE SENATE. THEY BECAME
KNOWN AS THE FAMOUS FIVE
THESE FIVE WOMEN HAD BEEN AT
THE CENTRE OF ALL THE MAJOR LEGAL BATTLES
FOR WOMEN'S RIGHTS IN CANADA. THEY WERE
ADVOCATES AGAINST ALCOHOL ABUSE, VIOLENCE
AGAINST WOMEN, WOMEN'S CUSTODY RIGHTS IN
MARRIAGE BREAKUPS, WOMEN'S PROPERTY
RIGHTS, WOMEN'S RIGHT TO AN EDUCATION, ETC.
THEY LAUNCHED A SERIES OF COURT
CHALLENGES IN CANADIAN COURTS AND THEY
LOST AT EVERY LEVEL IN THEIR ATTEMPTS TO GET
WOMEN DEFINED AS “PERSONS” IN ORDER TO BE
APPOINTED TO THE SENATE.
AT THAT TIME IN 1929 CANADIANS IF THEY LOST AT
THE CANADIAN SUPREME COURT COULD APPEAL
AS A LAST RESORT TO THE JUDICIAL COMMITTEE
OF THE PRIVY COUNCIL IN LONDON ENGLAND.
ON OCTOBER 18, 1929 THE JUDICIAL COMMITTEE OF
THE PRIVY COUNCIL RULED THAT WOMEN WERE
INDEED “PERSONS” AND THAT IN THE WORDS OF
LORD SANKEY THE DENIAL OF THE RIGHT TO BE
APPOINTED TO THE SENATE WAS A “RELIC OF DAYS
MORE BARBAROUS THAN OURS. AND TO THOSE
WHO WOULD ASK WHY THE WORD'PERSON”
SHOULD INCLUDE FEMALES, THE OBVIOUS ANSWER
IS WHY NOT”
CARINNE WILSON WAS APPOINTED AS THE FIRST
WOMAN SENATOR IN 1930. ON NOVEMBER 6,