Speaker discusses impact of Famous 5, ‘Persons Case’

By Rob Vogt

Person Day is Oct. 18.
It has its roots in a time when women were not equal to men, and were not even recognized as persons under the law.
That meant they did not enjoy many of the rights men had, from holding elected office to judgeships to being appointed to the Senate.
That all changed on Oct. 18, 1929, after five bold and courageous women went to the highest court in the land and literally changed the world.
Dubbed the Famous 5, these women won what became known as the Persons Case, striking down antiquated rules and declaring women persons under law. They could now in fact become senators and more.
Back on June 18, the Claresholm Public Library held a Pink Tea, to commemorate the arrival of the Famous 5 Foundation’s “Women Are Persons!” exhibit.
It is part of the provincial Famous 5 maquette “Trailblazers Tour”, which travelled around Alberta.
Frances Wright, chief executive officer and co-founder of the Famous 5 foundation, was the guest speaker for the event.
Wright challenged everyone, asking, “Who are your Famous 5?”
She then talked about suffrage, noting women were forbidden to vote in Prince Edward Island in 1836; New Brunswick in 1843; Quebec and Ontario in 1849; and Nova Scotia in 1851.
In 1916, Manitoba granted women the right to vote and seek elected office. In 1917, Alberta and Saskatchewan also granted both rights. B.C. and Ontario followed suit in 1917; Nova Scotia in 1918; New Brunswick and the Yukon in 1919; Prince Edward Island in 1922; Newfoundland and Labrador in 1924; Quebec in 1940; and the Northwest Territories in 1951.
Federally, in 1917 women who were 21 or older with relatives in the military, or serving in the military, could vote, including indigenous women. In 1918, female Canadian citizens who were 21 or older could vote and run for office. In 1948, Asian Canadian women 21 years or older could vote and run for office and, in 1960, all indigenous women could vote and run for office.
Wright then turned her attention to the Famous 5.
Judge Emily Murphy, leader of the Famous 5, was a best-selling author, and, in 1916, became the first female magistrate in the British Empire.
Louise McKinney, of Claresholm, was, in 1917, the first woman elected to a legislature in the British Empire. She also established 49 chapters of the Women’s Christian Temperance Union in Alberta and Saskatchewan, and was one of four women to sign the Basis of Union which launched the United Church of Canada.
Her contributions to Canadian women were recognized in 1939 when she was named a person of national historic significance by the Government of Canada.
McKinney was also honoured with her likeness on a postage stamp in 1981.
Henrietta Muir Edwards, of Fort Macleod, established the Canadian prototype for the YWCA; the Victorian Order of Nurses; and the National Council of Women.
Irene Parlby was the first female cabinet minister in Alberta and second in the British Empire, although with no portfolio. She became the minister of cooperation, and was a delegate to the League of Nations.
Nellie McClung secured the right for women to vote, run for elected office, and serve in elected office as an MLA in Edmonton from 1921 to 1926.
Wright noted suffrage and the Persons Case was also an incredible transfer of power with no death, injuries, or lasting hostilities.
Wright then discussed why the Persons Case was necessary.
At the time, women were voting, and elected as members of parliament, but the Senate defeated two bills passed by the House of Commons for old age pensions and mothers’ allowances. These measures were very important to women.
So women asked if the word “persons” in Section 24 of the British North America Act of 1876 included “female persons”.
The Supreme Court of Canada said no. Yet the decision was appealed to the Privy Council of Great Britain who, on Oct. 18, 1929, ruled women are persons. This decision affected all British Empire countries, and Canadian women could now be appointed to the Senate.
The Persons Case was the first significant international legal declaration of the principle of equality. It also gifted Canada the idea of the constitution being a living tree, able to evolve as the country does. This principle has been used to correct other injustices.
The last portion of Wright’s talk focused on the efforts made to honour the Famous 5 and their legacy.
In 1996, a group formed to honour the 70th anniversary of the Person Case in 1999.
An art project commenced. Eight female and eight male artists were asked how they would acknowledge the anniversary.
That group was short-listed to three, and Barbara Paterson’s image became the basis for the “Women Are Persons” Famous 5 monument in Calgary.
There is also a monument in Ottawa.
Wright noted, people are encouraged to take a seat with Emily Murphy at the monument and do three things: Thank the Famous 5; acknowledge they were not perfect; and take the pledge to build a more equitable Canada.
The Famous 5 were also on the $50 bill in 2004; made honourary senators in 2009, the 80th anniversary of the Person Case; included in Canadian passports in 2013; and honoured when an Indigenous Famous 6 was announced in 2018.
Oct. 18 was officially declared Person Day in Canada in 1979, and Alberta in 2024.
The Governor General has also created awards in commemoration of the Person Case.
Wright asked everyone how will they move equality forward? How do they honour more women as nation builders? Who are the women they think should be honoured?
A lot can be accomplished with knowledge; connections; longer life spans; increased wealth; phones; computers; social media and more.
She also challenged everyone to make the 100th anniversary of the Person case on Oct. 18, 2029 a truly transformative event.