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Famous Five (Canada)

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Famous Five (Canada)
NameFamous Five (Canada)
CaptionMembers of the Famous Five during the Persons Case
Birth date20th century
NationalityCanadian

Famous Five (Canada) were a group of five Alberta women—Emily Murphy, Henrietta Muir Edwards, Nellie McClung, Louise McKinney, and Irene Parlby—who campaigned in the 1910s–1920s for women's legal recognition and public roles, culminating in the 1929 Judicial Committee of the Privy Council decision known as the Persons Case. Their activism intersected with contemporaneous movements and institutions including the Women's suffrage movement, Alberta Legislature, Canadian Parliament, British Privy Council, and multiple provincial and national organizations.

Background and members

The group formed from networks among activists linked to Edmonton, Calgary, Winnipeg, Toronto, and Ottawa and drew on experiences in organizations such as the Woman's Christian Temperance Union, Victorian Order of Nurses, Imperial Order Daughters of the Empire, United Farm Women of Alberta, and the Canadian Federation of University Women. Emily Murphy had served as a magistrate in Alberta and was associated with publications like the Morning Albertan; Henrietta Muir Edwards had worked with the National Council of Women of Canada and had authored reports to the Royal Commission on social reform; Nellie McClung served as an elected member of the Legislative Assembly of Manitoba and had campaigned in the Manitoba elections; Louise McKinney was elected to the Legislative Assembly of Alberta and worked with United Farmers of Alberta organizations; Irene Parlby served in the Alberta government and chaired provincial committees on health and welfare.

The legal strategy began with a petition to the Supreme Court of Canada challenging whether the word "persons" in the British North America Act, 1867 included women for appointment to the Senate of Canada. The petitioners—supported by counsel who had connections to the Canadian Bar Association, King's Counsel advocates, and members of the Conservative Party and Liberal Party—won at the trial level but lost on appeal to the Supreme Court of Canada. They then appealed to the Judicial Committee of the Privy Council in London, leveraging legal arguments informed by precedents from the House of Lords, Common law, and recent rulings in the United Kingdom. In 1929 the Privy Council overturned the Supreme Court, declaring women were "persons" under the British North America Act, 1867, a decision that enabled appointments to the Senate of Canada and influenced subsequent interpretations of constitutional provisions in Canada and other Dominions of the British Empire.

Political and social impact

The decision reverberated through provincial legislatures such as the Alberta Legislature, Ontario Legislature, and the Legislative Assembly of British Columbia and affected appointments to federal bodies including the Senate of Canada and commissions linked to the Department of Justice (Canada). The Famous Five's advocacy intersected with campaigns for suffrage in provinces like Manitoba, Saskatchewan, and Nova Scotia, influenced policy debates in the House of Commons of Canada, and shaped the platforms of parties including the Progressive Party of Canada and the United Farmers of Alberta. Their work contributed to the expansion of women’s roles in public life, prompting appointments to boards such as the Canadian National Railway commissions, health tribunals influenced by the Dominion Department of Health, and university governance at institutions like the University of Toronto and the University of Alberta.

Legacy and commemoration

Commemorations include designation as Persons Case appellants in monuments and museum exhibits at sites such as the National Gallery of Canada, the Canadian Museum of History, and provincial archives in Alberta Archives and Manitoba Archives. The federal government and organizations like the Canadian Women's Foundation and the Governor General of Canada have recognized them in ceremonies, awards, and educational curricula across provinces and in institutions including the Library and Archives Canada and the Supreme Court of Canada visitor programs. Statues and plaques in cities such as Calgary, Edmonton, and Ottawa mark their contributions, and their story is included in heritage designations by Parks Canada and symbols used in centennial commemorations.

Criticism and controversies

Scholars and activists have critiqued aspects of the Famous Five's views and associations, noting tensions with movements for Indigenous rights represented by leaders like Big Bear and activists connected to the Indian Act reforms, and with civil rights arguments raised by advocates linked to the Black Canadians community and immigrant organizations from Eastern Europe, China and India. Emily Murphy's published writings have been criticized for connections to attitudes associated with the eugenics movement, and scholars have examined intersections with policies adopted in provincial institutions and federal immigration measures such as those debated in the Immigration Act and public health campaigns of the 1920s. Debates continue in contexts including museum interpretation at the Canadian Museum for Human Rights, academic work at universities like McGill University and University of British Columbia, and public history discussions held by the Historica Canada network.

Category:Canadian history Category:Women's rights in Canada Category:1920s in Canada