Judicial Committee Defines Women as Persons
In a landmark ruling, the Judicial Committee of the Privy Council in Britain overruled a decision from the Supreme Court of Canada, declaring that women are indeed considered 'persons' under Canadian law. This decision was in response to the case initiated by the Famous Five, a group of women advocating for the inclusion of women in the legal definition of 'persons.' The ruling opened the door for women to serve in the Senate and other political offices, affirming their legal rights and roles in society.
Judicial Committee ruled women are 'persons'.
Case initiated by the Famous Five in Canada.
Significant boost for women's political rights.
Paved the way for future gender equality laws.
What Happened?
The case of Edwards v. Canada emerged when five women, later known as the Famous Five, challenged the Canadian government's interpretation of the word 'persons' as it appeared in the British North America Act of 1867. The women, including Emily Murphy, Nellie McClung, Irene Parlby, Louise McKinney, and Henrietta Muir Edwards, sought to have women recognized as 'persons' so that they could be appointed to the Senate. The Supreme Court of Canada ruled against them, stating that women were not 'persons' within the meaning of the act. The Famous Five appealed to the Judicial Committee of the Privy Council, the highest court of appeal for Canada at that time. On October 18, 1929, the committee unanimously ruled in favor of the Famous Five, asserting that women are indeed 'persons' under Canadian law. This landmark decision significantly advanced women's rights in Canada, enabling them to participate fully in political life and leading to broader discussions regarding gender equality and women's suffrage.
Why Does it Matter?
The ruling had profound effects on the legal and social landscape of Canada. It marked a pivotal moment in the advancement of women's rights, contributing to the broader women's suffrage movement by affirming women's roles in political and legal spheres. The decision laid the groundwork for increasing participation of women in governance and politics, as it established the principle that women could not be excluded from any rights or responsibilities on the basis of gender. The ramifications of this decision resonated well beyond the legal realm, influencing societal attitudes towards women and their roles in various sectors of Canadian life.