Famous Five - Valiant Five
The Famous Five consisted of 5 dedicated women's to fight for their rights. Starting from the far left are Irene Parlby, Louise McKinney, Nellie McClung, Herietta Muir Edwards, Emily Murphy. These photographs were taken in 1929 when the famous five succeed in making women defined by "person" (Mothers of Canadian Equality 1929)
The BNA act of 1867 used the word person and it referred to more than one person and the word “he”, referred to only one person. This subsequently meant that the word person only defines male figures. The act also stated that only “qualified persons” In literal terms, it meant that under the BNA act, women were not qualified and fit to be appointed to the senate or any other political form. Women’s group began pressuring the federal government to appoint women to the senate. As Emily Murphy from Alberta was declined, she and 4 other woman formed the famous five to fight for the rights of women’s.
Emily Murphy. Nellie McClung. Henrietta Muir Edwards. Louise McKinney. Irene Parlby. The famous 5 are five women whom truly shaped the future of lives of all Canadian women. Three of these women were born in Ontario, one in Montreal and on in England. They all came from the upper- middle class with a high level of education. Emily Murphy became the first female magistrate in the British Empire in 1916. She also fought to share ownership in their husband’s property to give their children security in case they were abandoned by their father. Her efforts helped create the Married Women’s Protective Act in 1911 (The Famous 5 Foundation, Emily Murphy). Louise McKinney was a lifelong organizer and supporter of the Women’s Christian Temperance Union. She helped and sought to protect women and children specifically because they say the destructive influences of alcohol. (The Famous 5 Foundations, Louise McKinney). Nellie McClung was also a very hard-hearted women’s activist. She led the fight to enfranchise North American women, and her efforts led to Manitoba becoming the first province to grant women the right to vote in 1919 (The Famous 5 Foundation, Nellie McClung). Henrietta Muir Edwards was the eldest of the Famous 5. She was also a legal expert of issues affecting women and children. She also founded the National Council of Women of Canada (The Famous 5 Foundation, Henrietta Muir Edwards). Last but not least, Irene Parlby. She was western Canadian Farmer’s wife. She organized and became the first President of the United Farm Women’s Association in 1916 ((The Famous 5 Foundation, Irene Parlby).
The person’s case was first brought to light due to Emily Murphy. In 1916, Emily Murphy was appointed to be the first female Police Magistrate in the whole British Empire. Her appointment was challenged on the ground that women were not “persons” according to the BNA act. When Emily Murphy was working on a case, she was challenged by a defence attorney about her ability to charge the client. In 1917, Lizzie Cyr was arrested and charged with prostitution. She appeared before Emily Murphy and was found guilty of her crimes. She was sentenced to 6 months of hard labour in local jail. Cyr’s lawyer argued that as a woman, Emily Murphy was not able to charge her client. When Ms. Murphy appealed to the Alberta Supreme Court and her decision was overruled due to the BNA act. Emily Murphy found a clause in the Supreme Court of Canada Act, which said “Any five citizens acting as a unit, had the right to petition the Supreme Court for clarification of a constitutional point”.
On August 27 1927, Emily Murphy and her companions decided to petition the government asking the supreme court to examine the examine the meaning of the word “person” in Section 24 of the BNA Act to see whether females would fit the definition of person. (National Archives of Canada, The “persons” Case 1927-1929) Section 24 under The Senate of the BNA Act: “24. 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 Member of the Senate and a Senator.” (National Archives Of Canada, BNA Act) |
The petition that she appealed to the Supreme Court had two original questions:
To her surprise, the questions submitted to the Supreme Court did not reflect of the meaning of the question in the petition. She then writes another letter adding a third question to simplify the meaning of the petition. This question states “Does the word “person” in section 24 of the British North America Act, 1867, Includes female persons?” (National Archives of Canada, RG 13, vol. 2524, file C1044) |
After the Canadian Supreme Court denied the appeal, with the help of the Canadian Prime Minister Mackenzie King, The Famous Five appealed the Supreme Court of Canada decision to the Judicial Committee of the Privy Council in England (Highest court of appeal for Canada). On October 18, 1929, Lord Sankey, Lord Chancellor of the Privy Council announced that the British Privy Council decision was “yes, women are persons ... and eligible to be summoned and may become Members of the Senate of Canada.” “And to those who would ask why the word “person” should include females, the obvious answer is. Why should it not.” (Freeman-shaw, and Haskings-Winner 33)