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Lecture

HIS 2363 Course 18.pdf

3 Pages
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Department
History
Course Code
HIS2363
Professor
Christian Champion

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Course 18 November-13-13 11:24 AM Persons?? • Women are persons… • Monument in Ottawa • Monument in Winnipeg (includes the Famous Five) • Monument in Calgary • Women are more likely to vote liberal even today • Canadian law did not view women as persons • This changes in the 1920s Emily Murphy : • By 1916 she was a well known advocate for women`s suffrage and the temperance movement, as well as the sterilization of the needy • She became a judge because of the fuss she made about one case about a prostitute, • She was the first female judge in British North America • People said that she was not a person and should not be allowed to be judged • In 1917 the province of Alberta made women people in law The Five: • They want women to be allowed in the Senate, this is their ultimate goal • Included : ○ Emily Murphy (1868-1933)(the British Empire's first female judge); Irene Marryat Parlby (1868-1965) (farm women's leader, activist and first female Cabinet minister in Alberta); ○ Irene Marryat Parlby (1868-1965) (farm women's leader, activist and first female Cabinet minister in Alberta); ○ Nellie Mooney McClung (1873-1951) (a suffragist and member of the Alberta legislature); ○ Louise Crummy McKinney (1868-1931) (the first woman elected to the Legislative Assembly of Alberta, or any legislature in Canada or the rest of the British Empire); ○ Henrietta Muir Edwards (1849-1931) (an advocate for working women and a founding member of the Victorian Order of Nurses) Typical description of a persons Case • Does the word "Persons" in section 24 if the British North America Act 1867, included female persons? ○ The Supreme Court of Canada replied that the word "persons" did not include female persons. Fortunately for Canadian women, the Famous 5 were able to appeal to an even higher court, the British Privy Council. The question was duly submitted to them on October 18, 1929 they overturned the decision of the Supreme Court by deciding that the word "person" did indeed include persons of the female gender • Lord Sankey ○ Head of the House of Lords in England • What the Court Really Said, ○ Anglin ○ SCC, lexum, Reference re meaning of the word Persons, http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc- csc/en/item/9029/index.do ○ Women are not “qualified persons” within the meaning of section 24 of the B.N.A. Act, 1867, and therefore are not eligible for appointment by the Governor General to the Senate of Canada. ○ Per Anglin C.J.C. and Mignault, Lamont and Smith JJ.—The authority of Chorlton v. Lings (L.R. 4 C.P. 374) is conclusive alike on the question of the common law incapacity of women to exercise such public functions as those of a member of the Senate of Canada and on that of their being expressly excluded from the class of “qualified persons” within s. 24 of the B.N.A. Act by the terms in which s. 23 is couched, so that (if otherwise applicable) Lord Broughams’ Act (which enacts that “words importing the masculine gender shall be deemed and taken to include females) cannot be invoked to extend the term “qualified persons” to bring “women” within its purview.  They are saying that yes persons include women, but not in Canada,  In the custom of Canada female cannot be elected ○ Parliament had already extended the franchise to women, so we should conclude that their should be no bar ○ There could be no doubt that in the most obvious understanding that women are included (Anglin) ○ Section 24 of the BNA act says that  The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Memberof the Senate and a Senator. ○ The conclusion they come to is the way the Act is put together that it only makes comment of the male gender not that of women ○ Parliament was the way to fix the idea of women as people not court ○ Lord Sanji says that  The constitution is a living dream,
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