The Persons Case

In 1927, a group of five women, led by Emily Murphy, Alberta’s first female judge, initiated a legal challenge against the narrow interpretation of the Constitution that did not consider women to be “persons.” The government would not appoint women to the Senate, arguing the British North America Act (now known as the Constitution Act, 1867) did not include women as “qualified persons,” as the act used the word “persons” in the plural sense, using the word “he."

This legal battle, now an important part of the history of women in Canada, and legal interpretations of the Canadian constitution, is known as the Persons Case. The Judicial Committee of the British Privy Council’s decision to recognize women as persons led some women to be appointed to the Senate and other public bodies. Despite the success of the “Famous Five’s” demands, many were excluded from the benefits brought by the Privy Council’s decision. It did, however, allow women greater participation in political life and was an important part of the struggle for gender equality in Canada. It was also notable for opening doors to constitution interpretation. The celebration of the women involved in the Persons Case as feminist pioneers, has recently been contested because of their involvement in eugenics movements. By studying the various historical aspects of the Persons Case and its repercussions, students will utilize their critical thinking skills and broaden their knowledge of women’s history in Canada.