Women's rights in Canada
Encyclopedia
The history of feminism
in Canada
has been a gradual struggle aimed at establishing equal rights between women and men.
, women took on not only traditionally feminine jobs, but also heavy work such as in amunitions factories. This changed role of women increased women's political prominence, and issues such as women's suffrage
were raised.
in 1884. Such limited franchises were extended in other provinces at the end of the 19th century, but bills to enfranchise women in provincial elections failed to pass in any province until Manitoba
finally succeeded in 1916. At the federal level it was a two step process. On Sept. 20, 1917, women gained a limited right to vote: According to the Parliament of Canada
website, the Military Voters Act
established that "women who are British subjects and have close relatives in the armed forces can vote on behalf of their male relatives, in federal elections." About a year and a quarter later, at the beginning of 1919, the right to vote was extended to all women in the Act to confer the Electoral Franchise upon Women. The remaining provinces quickly followed suit, except for Quebec
, which did not do so until 1940. Agnes Macphail
became the first woman elected to Parliament in 1921.
The Famous Five petitioned the Supreme Court
to decide whether women were included in the definition of the word "persons" as used in the British North America Act (Canada's de facto constitution at the time). Hinging on this decision was whether women could be appointed to the Senate or not—the body which approved divorces among other decisions important to women. The Supreme Court, interpreting the Act in light of the times in which it was written, ruled in 1928 that no, women were not "persons" and could not be so appointed.
The five women, led by Emily Murphy
, appealed the case to the Judicial Committee of England's Privy Council
. In 1929, the five Lords of the Committee ruled unanimously that "the word ‘persons' in Section 24 includes both the male and female sex.…" They called the earlier interpretation "a relic of days more barbarous than ours."
that examined the status of women and recommended steps that might be taken by the federal government to ensure equal opportunities with men in all aspects of Canadian society. The Commission commenced on 16 February 1967 as an initiative of Prime Minister Lester B. Pearson
. Public sessions were conducted the following year to accept public comment for the Commission to consider as it formulated its recommendations. Florence Bird
was the Commission's chair. The Commissioners appointed were: Florence Bird
(chairperson), Elsie MacGill
, Lola M. Lange, Jeanne Lapointe, Doris Ogilvie, Donald R. Gordon, Jr (resigned from Commission), Jacques Henripin, John Peters Humphrey
(appointed following Gordon's resignation).
(NAC) was formed as a result of the frustration of women at the inaction of the federal government in regards to the recommendations of the Royal Commission. Beginning in 1972 as a coalition of 23 women's groups, by 1986 it had 350 organizational members, including the women's caucuses of the three biggest political parties. Partly funded by government grants, the NAC was widely regarded as the official expression of women's interests in Canada, and received a lot of attention from the media. In 1984 there was a televised debate on women's issues
among the leaders of the contending political parties during the federal election campaign
. The NAC and women's issues were receiving a lot of attention and the NAC was rapidly growing, although beginning in 1983 it had competition from REAL Women of Canada
, a right-wing lobby group.
gave basic rights to all humans. There was no discrimination based on sex, race, religion, sexuality etc... It specified that there must be "equal pay for work of equal value". There had been significant disparity between the pay received by women and by men. However, by the mid-1980s there was still disparity: full-time female employees earned on average only 72% of what men earned.
which was part of the Canadian Constitution established in 1982. The relevant sections are section 15
and section 28
.
case in 1988, Canada's abortion
law was struck down by the Supreme Court using the Charter of Rights and Freedoms. Bertha Wilson
, the first woman on the Supreme Court, had been appointed in 1982. Section 287 of the Criminal Code
states that abortion is a crime. However, section 7
of the Charter says "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Henry Morgentaler
, who was trying to establish abortion clinics, forced the courts to rule on this issue, and in 1988 the Supreme Court ruled that section 287 of the Criminal Code was of no force or effect.
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
in Canada
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...
has been a gradual struggle aimed at establishing equal rights between women and men.
Role of women in World War I
During World War IWorld War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, women took on not only traditionally feminine jobs, but also heavy work such as in amunitions factories. This changed role of women increased women's political prominence, and issues such as women's suffrage
Women's suffrage
Women'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...
were raised.
Women's right to vote in Canada
Widows and unmarried women were granted the right to vote in municipal elections in OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
in 1884. Such limited franchises were extended in other provinces at the end of the 19th century, but bills to enfranchise women in provincial elections failed to pass in any province until Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
finally succeeded in 1916. At the federal level it was a two step process. On Sept. 20, 1917, women gained a limited right to vote: According to the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
website, the Military Voters Act
Military Voters Act
The Military Voters Act was a World War I piece of Canadian legislation, giving the right to vote to all Canadian soldiers.With the Conscription Crisis of 1917 in full swing, Prime Minister Robert Borden was anxious to produce a solution to the manpower problem that Canada had been experiencing as...
established that "women who are British subjects and have close relatives in the armed forces can vote on behalf of their male relatives, in federal elections." About a year and a quarter later, at the beginning of 1919, the right to vote was extended to all women in the Act to confer the Electoral Franchise upon Women. The remaining provinces quickly followed suit, except for Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
, which did not do so until 1940. 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...
became the first woman elected to Parliament in 1921.
Women ruled legally to be "persons"
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 decide whether women were included in the definition of the word "persons" as used in the British North America Act (Canada's de facto constitution at the time). Hinging on this decision was whether women could be appointed to the Senate or not—the body which approved divorces among other decisions important to women. The Supreme Court, interpreting the Act in light of the times in which it was written, ruled in 1928 that no, women were not "persons" and could not be so appointed.
The five women, led by Emily Murphy
Emily Murphy
Emily 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...
, appealed the case to the Judicial Committee of England's 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...
. In 1929, the five Lords of the Committee ruled unanimously that "the word ‘persons' in Section 24 includes both the male and female sex.…" They called the earlier interpretation "a relic of days more barbarous than ours."
Royal Commission on the Status of Women, 1970
The Royal Commission on the Status of Women was a Canadian Royal CommissionRoyal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
that examined the status of women and recommended steps that might be taken by the federal government to ensure equal opportunities with men in all aspects of Canadian society. The Commission commenced on 16 February 1967 as an initiative of Prime Minister Lester B. Pearson
Lester B. Pearson
Lester Bowles "Mike" Pearson, PC, OM, CC, OBE was a Canadian professor, historian, civil servant, statesman, diplomat, and politician, who won the Nobel Peace Prize in 1957 for organizing the United Nations Emergency Force to resolve the Suez Canal Crisis...
. Public sessions were conducted the following year to accept public comment for the Commission to consider as it formulated its recommendations. Florence Bird
Florence Bird
Florence Bayard Bird, was a Canadian broadcaster, journalist, and Senator.Born Florence Rhein in Philadelphia, Pennsylvania. She attended Bryn Mawr College and, in 1928, married journalist John Bird. They moved to Montreal in 1931...
was the Commission's chair. The Commissioners appointed were: Florence Bird
Florence Bird
Florence Bayard Bird, was a Canadian broadcaster, journalist, and Senator.Born Florence Rhein in Philadelphia, Pennsylvania. She attended Bryn Mawr College and, in 1928, married journalist John Bird. They moved to Montreal in 1931...
(chairperson), Elsie MacGill
Elsie MacGill
Elizabeth Muriel Gregory "Elsie" MacGill, OC , known as the "Queen of the Hurricanes", was the world's first female aircraft designer. She worked as an aeronautical engineer during the Second World War and did much to make Canada a powerhouse of aircraft construction during her years at Canadian...
, Lola M. Lange, Jeanne Lapointe, Doris Ogilvie, Donald R. Gordon, Jr (resigned from Commission), Jacques Henripin, John Peters Humphrey
John Peters Humphrey
John Peters Humphrey, OC was a Canadian legal scholar, jurist, and human rights advocate. He is most famous as the author of the first draft of the Universal Declaration on Human Rights....
(appointed following Gordon's resignation).
National Action Committee on the Status of Women
The National Action CommitteeNational Action Committee on the Status of Women
The National Action Committee on the Status of Women is a Canadian feminist activist organization. NAC was founded in 1971 as a pressure group to lobby for the implementation of the 167 recommendations made in the Royal Commission on the Status of Women in Canada's 1970 report on matters such as...
(NAC) was formed as a result of the frustration of women at the inaction of the federal government in regards to the recommendations of the Royal Commission. Beginning in 1972 as a coalition of 23 women's groups, by 1986 it had 350 organizational members, including the women's caucuses of the three biggest political parties. Partly funded by government grants, the NAC was widely regarded as the official expression of women's interests in Canada, and received a lot of attention from the media. In 1984 there was a televised debate on women's issues
Leaders' debate on women's issues during the 1984 Canadian federal election campaign
On August 15, 1984, for the first time there was a televised debate on women's issues among the leaders of the three major political parties during the campaign leading up to the Sept. 4 Canadian federal election...
among the leaders of the contending political parties during the federal election campaign
Canadian federal election, 1984
The Canadian federal election of 1984 was held on September 4 of that year to elect members of the Canadian House of Commons of the 33rd Parliament of Canada...
. The NAC and women's issues were receiving a lot of attention and the NAC was rapidly growing, although beginning in 1983 it had competition from REAL Women of Canada
REAL Women of Canada
REAL Women of Canada is a socially conservative lobby group in Canada. The organization was founded in 1983.REAL stands for "Realistic, Equal, Active, for Life". The group believes that the nuclear family is the most important unit in Canadian society, and that the fragmentation of the Canadian...
, a right-wing lobby group.
Canadian Human Rights Act, 1977
Passed by prime minister of the time, Pierre E. Trudeau, The Canadian Human Rights ActCanadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
gave basic rights to all humans. There was no discrimination based on sex, race, religion, sexuality etc... It specified that there must be "equal pay for work of equal value". There had been significant disparity between the pay received by women and by men. However, by the mid-1980s there was still disparity: full-time female employees earned on average only 72% of what men earned.
The Charter of Rights and Freedoms
After a hard struggle, women's groups managed to have equality of the sexes included in the Canadian Charter of Rights and FreedomsCanadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
which was part of the Canadian Constitution established in 1982. The relevant sections are section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
and section 28
Section Twenty-eight of the Canadian Charter of Rights and Freedoms
Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada's Charter of Rights. It does not contain a right so much as it provides a guide as to how to interpret rights in the Charter...
.
Abortion
In the R. v. MorgentalerR. v. Morgentaler
R. v. Morgentaler [1988] 1 S.C.R. 30 was a decision of the Supreme Court of Canada wherein the abortion provision in the Criminal Code of Canada was found to be unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to "security of person"...
case in 1988, Canada's abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
law was struck down by the Supreme Court using the Charter of Rights and Freedoms. Bertha Wilson
Bertha Wilson
Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...
, the first woman on the Supreme Court, had been appointed in 1982. Section 287 of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
states that abortion is a crime. However, section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Charter says "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Henry Morgentaler
Henry Morgentaler
Henry Morgentaler, CM is a Canadian physician and prominent pro-choice advocate who has fought numerous legal battles for that cause.-Early life:...
, who was trying to establish abortion clinics, forced the courts to rule on this issue, and in 1988 the Supreme Court ruled that section 287 of the Criminal Code was of no force or effect.
Feminist Organizations in Canada
- Canadian Women's Health Network
- Girls Action FoundationGirls Action FoundationGirls Action Foundation provides funds and training to over 100 girls’ programs in communities across Canada. It also offers programs, research and support to a network of over 300 partnering organizations and projects, reaching over 60,000 Canadian girls and young women annually, particularly in...
- YWCA of CalgaryYWCA of CalgaryThe YWCA of Calgary celebrated its Centennial in 2010, marking 100 years of offering programs and services to women and their families, providing them with the skills, abilities and opportunities to contribute to, and benefit from, healthy communities....