Person's Case

Person's Case
Name	Person's Case
Court	Judicial Committee of the Privy Council
Date	October 18, 1929
Full name	Edwards v. Canada (Attorney General)

Person's Case is a landmark decision in Canadian law that recognized women's rights in Canada, particularly the right of women to be appointed to the Senate of Canada. The case was a significant milestone in the feminist movement in Canada, led by prominent figures such as Nellie McClung, Louise McKinney, Irene Parlby, and Henrietta Edwards, who were all Alberta MLAs. These women, known as the Famous Five, were instrumental in bringing the case to the Judicial Committee of the Privy Council in London, with the support of Prime Minister William Lyon Mackenzie King and the Canadian Bar Association.

Introduction

The Person's Case was a groundbreaking decision that challenged the interpretation of the British North America Act, 1867 and the Canadian Constitution. The case was initiated by the Famous Five, a group of Canadian women who were determined to secure women's rights and challenge the existing patriarchal norms in Canadian society. The case was argued by Canadian lawyers, including Newton Rowell and John Dafoe, and was heard by the Judicial Committee of the Privy Council, which included notable judges such as Viscount Dunedin and Lord Sankey. The decision was a significant victory for the feminist movement in Canada, and was supported by organizations such as the National Council of Women of Canada and the Canadian Women's Press Club.

Background

The background to the Person's Case was the struggle for women's suffrage in Canada, which was led by prominent figures such as Nellie McClung, Emily Murphy, and Louise McKinney. These women were instrumental in securing the right to vote for women in Alberta and other Canadian provinces, with the support of Prime Minister Robert Borden and the Conservative Party of Canada. The Famous Five built on this momentum, arguing that the British North America Act, 1867 should be interpreted to include women as "persons" eligible for appointment to the Senate of Canada. They were supported by Canadian politicians, including Mackenzie King and R.B. Bennett, as well as Canadian organizations, such as the Canadian Federation of University Women and the YWCA Canada.

The Case

The Person's Case was heard by the Judicial Committee of the Privy Council in London in 1929, with the Famous Five arguing that the British North America Act, 1867 should be interpreted to include women as "persons" eligible for appointment to the Senate of Canada. The case was argued by Canadian lawyers, including Newton Rowell and John Dafoe, and was supported by Canadian organizations, such as the Canadian Bar Association and the National Council of Women of Canada. The Judicial Committee of the Privy Council included notable judges such as Viscount Dunedin and Lord Sankey, who ultimately ruled in favor of the Famous Five. The decision was a significant victory for the feminist movement in Canada, and was celebrated by Canadian women such as Agnes Macphail and Thérèse Casgrain.

Judgment and Aftermath

The judgment in the Person's Case was delivered on October 18, 1929, with the Judicial Committee of the Privy Council ruling that the British North America Act, 1867 should be interpreted to include women as "persons" eligible for appointment to the Senate of Canada. The decision was a significant victory for the feminist movement in Canada, and paved the way for the appointment of Cairine Wilson as the first woman to the Senate of Canada in 1930. The decision was also supported by Canadian politicians, including Mackenzie King and R.B. Bennett, as well as Canadian organizations, such as the Canadian Federation of University Women and the YWCA Canada. The aftermath of the decision saw an increase in women's participation in Canadian politics, with women such as Agnes Macphail and Thérèse Casgrain becoming prominent figures in Canadian public life.

Impact and Legacy

The Person's Case has had a significant impact on Canadian law and Canadian society, recognizing the right of women to be appointed to the Senate of Canada and paving the way for greater women's participation in Canadian politics. The case has been cited as a precedent in numerous other Canadian court cases, including Bliss v. Canada (Attorney General) and Law v. Canada (Minister of Employment and Immigration). The decision has also been recognized as a significant milestone in the feminist movement in Canada, with the Famous Five being celebrated as Canadian heroes and pioneers in the struggle for women's rights. The case has been studied by Canadian scholars, including historians such as Christopher Moore and Sandra Irving, and has been recognized as an important part of Canadian history by organizations such as the Canadian Museum of History and the Library and Archives Canada.

Historical Context

The Person's Case was decided in the context of significant social and political change in Canada during the 1920s, including the struggle for women's suffrage and the feminist movement. The case was also influenced by international events, such as the League of Nations and the International Council of Women, which promoted women's rights and gender equality globally. The decision was supported by Canadian organizations, such as the National Council of Women of Canada and the Canadian Women's Press Club, and was recognized as a significant milestone in the struggle for women's rights in Canada and around the world. The case has been compared to other significant court cases in Canadian history, including Roncarelli v. Duplessis and R. v. Morgentaler, and has been recognized as an important part of Canadian legal history by organizations such as the Canadian Bar Association and the Law Society of Upper Canada.

Category:Canadian court cases