Women are persons -- the Famous Five and the Persons Case

On October 18th, 1929, a landmark decision changed the face of Canadian politics. Women were declared "persons" under the law and were granted the right to be appointed to the Senate. Their victory was the result of an arduous struggle by five Alberta women.

Alberta's Famous Five - Henrietta Muir Edwards, Nellie McClung, Louise McKinney, Emily Murphy, and Irene Parlby - helped guarantee that women are represented in all levels of Canadian politics.

By 1929, Alberta's women had secured many of the liberties commonly withheld because of gender, but surprisingly, women could not be appointed to the Senate because The British North America (BNA) Act declared, “women are persons in matters of pain and penalties, but are not persons in matters of rights and privileges.”

Emily Murphy selected four prominent supporters of social reform: Henrietta Muir Edwards, Nellie McClung, Louise McKinney, and Irene Parlby to initiate an appeal to the Supreme Court of Canada to make changes to The BNA Act. The Famous Five asked the question “does the word ‘person' in Section 24 of The British North America Act include female persons?”

The disappointing decision from the Supreme Court stated that individuals must be “fit and qualified” to be appointed to a public office and therefore only men were eligible. Relentless in their quest for reform, the Famous Five approached the Privy Council of England - at that time Canada's highest court of appeal. On October 18, 1929, the Lord Chancellor of the Privy Council declared, “women are eligible to be summoned and may become Members of the Senate of Canada.”

In Alberta, the achievement of the Famous Five provided a context for future legislation, which prevented discrimination on the basis of gender and improved the quality of life of many women. Learn more

The Famous 5 Foundation

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