10/21/2025
A landmark Canadian women’s rights court case decided, on this day in 1929, that "yes, women are persons." The decision of the Privy Council in the “Persons Case” was thanks in great measure to the efforts of Albertan social activist Emily Murphy, whose appointment in 1916 as the first female magistrate was challenged on the basis that women were not persons under British and Canadian law.
While the Alberta Supreme Court affirmed her appointment, Murphy became determined to clarify the legal status of women in Canada. She and her supporters petitioned to have her named to the Senate, but Murphy was declined by Prime Minister Robert Borden on the basis that women were not considered “persons” under the British North American Act of 1867.
In 1927, Emily Murphy and four other prominent women's rights activists -- Nellie McClung, Henrietta Muir Edwards, Louise McKinney, and Irene Parlby, together known as the "Famous Five" -- appealed to the Supreme Court of Canada for clarification. They posed the question: "Does the word 'persons' in Section 24, of The British North America Act, 1867, include female persons?" When the Supreme Court ruled that it did not, the Famous Five took their question to the Privy Council, at that point the highest court of appeal for Canadian law.
The Privy Council decision issued by its head Lord Sankey also made an eloquent argument for the continued progress of women's rights in the British Empire: "the exclusion of women from all public offices is a relic of days more barbarous than ours. And to those who would ask why the word 'persons' should include females, the obvious answer is, why should it not?"
Although many expected that Emily Murphy or another of the Famous Five would be appointed to the Senate, the first Canadian woman to become a Senator was Cairine Wilson, who was appointed only a few months after the Persons Case decision. None of the women who made up the Famous Five became Senators during their lifetimes, but in 2009, eighty years after the success of their landmark struggle for Canadian women’s rights, all five women were named honorary Senators -- the first, and so far only, honorary Senators of Canada.
These remarkable Canadian women are included in the books "Canadian Women Now and Then" for ages 9 to 12 (https://www.amightygirl.com/canadian-women-now-and-then) and "100 Canadian Heroines: Famous and Forgotten Faces," for ages 13 and up at https://www.amightygirl.com/100-canadian-heroines
There is also a fascinating book about the twelve women who have served as Canadian Ministers, "Govern Like a Girl," for ages 9 to 12 at https://www.amightygirl.com/govern-like-a-girl
To introduce kids to inspiring female leaders from around the world, we recommend "She Persisted Around The World" for ages 5 to 9 (https://www.amightygirl.com/she-persisted-around-the-world) and the illustrated biography "Rad Women Worldwide" for ages 10 and up (https://www.amightygirl.com/rad-women-worldwide)
In honor of Canada Day, we released a blog post highlighting ten amazing Canadian women of past and present: “True North Strong and Free: 15 Amazing Canadian Women” at https://www.amightygirl.com/blog?p=12590
And to inspire children and teens with more true stories of women leaders who have changed the world, visit our “Role Models" biography section featuring hundreds of titles -- sortable by recommended reading age using our filter on the left menu -- at http://amgrl.co/2wRJudE
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