The Famous Five (Canada)
Encyclopedia
The Famous Five or The Valiant Five were five Canadian
women who asked the Supreme Court of Canada
to answer the question, "Does the word 'Persons' in Section 24 of the British North America Act, 1867, include female persons?" in the case Edwards v. Canada (Attorney General)
. The petition was filed on August 27, 1927, and on 24 April 1928, Canada's Supreme Court summarized its unanimous decision that women are not persons. The last line of the judgement reads as follows: "Understood to mean 'Are women eligible for appointment to the Senate of Canada,' the question is answered in the negative." This judgement was overturned by the British Judicial Committee of the Privy Council
. This case, which came to be known as the Persons Case, had important ramifications not just for women's rights but also because in overturning the case, the Judicial Committee of the Privy Council engendered a radical change in the Canadian judicial approach to the Canadian constitution, an approach that has come to be known as the "living tree doctrine
".
The five women were:
None of the five became senators; the first female senator was Cairine Reay Wilson, appointed four months after the ruling. Nearly eighty years later, on 8 October 2009, the Senate voted to make the five the first "honorary senators."
Opinions on the Valiant Five vary considerably. Many laud them as trailblazers for women. Others are disturbed by the opinions of some of the women on other issues, such as non-white immigration and their successful campaigns to have eugenics
legislation introduced in Canadian provinces. Some might well question the overall significance of the decision, noting that by the 1920s, the Senate of Canada was a largely powerless body. The more powerful House of Commons of Canada
had elected its first female member (Agnes Macphail
) in 1921, well before the Persons Case. However, the precedent did establish the principle that women could hold any political office in Canada. Moreover, the Five clearly did devote their energies to increasing women's participation on legislative bodies with greater power: two became members of the Alberta Legislature and one a member of the House of Commons
. The controversy surrounding the women has made commemoration difficult.
The Valiant Five have been commemorated with a plaque in the antechamber of Canada's Senate and two statues sculpted by Canadian artist Barbara Paterson
. One on Canada's Parliament Hill
in Ottawa, Canada, and the other at the Olympic Plaza in Calgary
, located in the women's home province of Alberta
. The statue on Parliament Hill was unveiled on October 18, 2000 in a public ceremony that included French and English singers, Inuit dancers, and speeches by Governor General Adrienne Clarkson and Prime Minister Jean Chretién. The City of Edmonton
has named five parks in its River Valley Parks System in honour of the "Famous Five".
Along with Thérèse Casgrain
, the Five have been commemorated on Canada's newest fifty-dollar bill
.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
women who asked the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
to answer the question, "Does the word 'Persons' in Section 24 of the British North America Act, 1867, include female persons?" in the case Edwards v. Canada (Attorney General)
Edwards v. Canada (Attorney General)
Edwards v. Canada [1930] A.C. 124 – also known as the Persons Case – is a famous Canadian and British constitutional case where it was first decided that women were eligible to sit in the Canadian Senate...
. The petition was filed on August 27, 1927, and on 24 April 1928, Canada's Supreme Court summarized its unanimous decision that women are not persons. The last line of the judgement reads as follows: "Understood to mean 'Are women eligible for appointment to the Senate of Canada,' the question is answered in the negative." This judgement was overturned by the British Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. This case, which came to be known as the Persons Case, had important ramifications not just for women's rights but also because in overturning the case, the Judicial Committee of the Privy Council engendered a radical change in the Canadian judicial approach to the Canadian constitution, an approach that has come to be known as the "living tree doctrine
Living tree doctrine
In Canadian law, the living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times....
".
The five women were:
- Emily MurphyEmily MurphyEmily Murphy was a Canadian women's rights activist, jurist, and author. In 1916, she became the first woman magistrate in Canada, and in the British Empire...
(the British EmpireBritish EmpireThe British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
's first female judge); - Irene Marryat ParlbyIrene ParlbyIrene Parlby was a Canadian women's farm leader, activist and politician.Born in London, England, Parlby came to Canada in 1896. In 1913, Parlby helped to found the first women's local of the United Farmers of Alberta. In 1921, she was elected to the Alberta Legislature for the riding of Lacombe,...
(farm women's leader, activist and first female Cabinet minister in Alberta); - Nellie Mooney McClungNellie McClungNellie McClung, born Nellie Letitia Mooney , was a Canadian feminist, politician, and social activist. She was a part of the social and moral reform movements prevalent in Western Canada in the early 1900s...
(a famous suffragist and member of the Alberta legislature) - Louise Crummy McKinneyLouise McKinneyLouise McKinney née Crummy was a provincial politician and women's rights activist from Alberta, Canada. She was the first woman sworn in to the Legislative Assembly of Alberta and the first woman elected to a legislature in Canada and in the British Empire...
(the first woman elected to the Legislative Assembly of AlbertaLegislative Assembly of AlbertaThe Legislative Assembly of Alberta is one of two components of the Legislature of Alberta, the other being the Queen, represented by the Lieutenant-Governor of Alberta. The Alberta legislature meets in the Alberta Legislature Building in the provincial capital, Edmonton...
, or any legislature in Canada or the British Empire) and - Henrietta Muir Edwards (an advocate for working women and a founding member of the Victorian Order of NursesVictorian Order of NursesThe Victorian Order of Nurses is a non-profit charitable organization founded in Ottawa, Ontario, Canada on January 29, 1897 created as a gift for Queen Victoria for the purposes of home care and social services. It is registered as a charity the Canada Revenue Agency, charity number...
).
None of the five became senators; the first female senator was Cairine Reay Wilson, appointed four months after the ruling. Nearly eighty years later, on 8 October 2009, the Senate voted to make the five the first "honorary senators."
Eugenics
Eugenics is the "applied science or the bio-social movement which advocates the use of practices aimed at improving the genetic composition of a population", usually referring to human populations. The origins of the concept of eugenics began with certain interpretations of Mendelian inheritance,...
legislation introduced in Canadian provinces. Some might well question the overall significance of the decision, noting that by the 1920s, the Senate of Canada was a largely powerless body. The more powerful House of Commons of Canada
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
had elected its first female member (Agnes Macphail
Agnes Macphail
Agnes Campbell Macphail was the first woman to be elected to the Canadian House of Commons, and one of the first two women elected to the Legislative Assembly of Ontario...
) in 1921, well before the Persons Case. However, the precedent did establish the principle that women could hold any political office in Canada. Moreover, the Five clearly did devote their energies to increasing women's participation on legislative bodies with greater power: two became members of the Alberta Legislature and one a member of the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
. The controversy surrounding the women has made commemoration difficult.
The Valiant Five have been commemorated with a plaque in the antechamber of Canada's Senate and two statues sculpted by Canadian artist Barbara Paterson
Barbara Paterson
Barbara Paterson is a Canadian artist, primarily known for her bronze figurative works, specializing in a variety of sculpture media including wax, stone, bronze and welded steel....
. One on Canada's Parliament Hill
Parliament Hill
Parliament Hill , colloquially known as The Hill, is an area of Crown land on the southern banks of the Ottawa River in downtown Ottawa, Ontario. Its Gothic revival suite of buildingsthe parliament buildings serves as the home of the Parliament of Canada and contains a number of architectural...
in Ottawa, Canada, and the other at the Olympic Plaza in Calgary
Calgary
Calgary is a city in the Province of Alberta, Canada. It is located in the south of the province, in an area of foothills and prairie, approximately east of the front ranges of the Canadian Rockies...
, located in the women's home province of Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
. The statue on Parliament Hill was unveiled on October 18, 2000 in a public ceremony that included French and English singers, Inuit dancers, and speeches by Governor General Adrienne Clarkson and Prime Minister Jean Chretién. The City of Edmonton
Edmonton
Edmonton is the capital of the Canadian province of Alberta and is the province's second-largest city. Edmonton is located on the North Saskatchewan River and is the centre of the Edmonton Capital Region, which is surrounded by the central region of the province.The city and its census...
has named five parks in its River Valley Parks System in honour of the "Famous Five".
Along with Thérèse Casgrain
Thérèse Casgrain
Marie Thérèse Forget Casgrain, was a feminist, reformer, politician and senator in Quebec, Canada.Thérèse Casgrain was raised in a wealthy family, the daughter of Lady Blanche MacDonald and Sir Rodolphe Forget...
, the Five have been commemorated on Canada's newest fifty-dollar bill
Canadian fifty-dollar bill
The Canadian $50 bill is a banknote of the Canadian dollar. It is sometimes dispensed by ATMs, but not as commonly as the $20 bill.The current 50-dollar bill is predominantly red in colour. The front features a portrait of William Lyon Mackenzie King, the coat of arms, and a picture of the Peace...
.
See also
- Barbara PatersonBarbara PatersonBarbara Paterson is a Canadian artist, primarily known for her bronze figurative works, specializing in a variety of sculpture media including wax, stone, bronze and welded steel....
- History of feminismHistory of feminismThe history of feminism involves the story of feminist movements and of feminist thinkers. Depending on time, culture and country, feminists around the world have sometimes had different causes and goals...
- List of suffragists and suffragettes
- List of Supreme Court of Canada cases
- List of people from Edmonton
- SuffragetteSuffragette"Suffragette" is a term coined by the Daily Mail newspaper as a derogatory label for members of the late 19th and early 20th century movement for women's suffrage in the United Kingdom, in particular members of the Women's Social and Political Union...
- Women's rightsWomen's rightsWomen's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
- Women's Social and Political UnionWomen's Social and Political UnionThe Women's Social and Political Union was the leading militant organisation campaigning for Women's suffrage in the United Kingdom...
- Women's suffrageWomen's suffrageWomen's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
- Women's suffrage in the United KingdomWomen's suffrage in the United KingdomWomen's suffrage in the United Kingdom as a national movement began in 1872. Women were not prohibited from voting in the United Kingdom until the 1832 Reform Act and the 1835 Municipal Corporations Act...
External links
- The Famous Five from the National Archives of Canada
- Edwards v. A.G. of Canada
[1928 S.C.R. 276] - decision of the Supreme Court of Canada - Edwards v. A.G. of Canada
[1930 A.C. 124 (P.C.)] - decision of the Judicial Committee of the Privy Council - Canadian Encyclopedia entry
- Famous 5 Foundation