Landmark is level 2 of 4 in the Canada Hall of Fame: a first that opened a door, or the pre-eminent figure of their generation in this country. See how the levels work.
Why they are here
The first woman magistrate in the British Empire, and the one who put to the courts the question of whether women counted as persons in law.
Emily Murphy was appointed a police magistrate in Alberta in 1916, the first woman magistrate anywhere in the British Empire. On her first day a defence lawyer objected that she had no standing to hear the case because, under the British North America Act, women were not persons and could therefore hold no public office. He was raising a real ambiguity, and it followed her for thirteen years.
With four other Alberta women — Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards, together known as the Famous Five — she petitioned for a ruling on whether the word persons in the section governing Senate appointments included women. The Supreme Court of Canada said in 1928 that it did not. They appealed to the Judicial Committee of the Privy Council in London, then Canada's highest court, and in October 1929 it reversed the decision, holding that excluding women was a relic of a more barbarous age. Women were persons, and eligible for the Senate.
Murphy was never appointed to it. She has statues on Parliament Hill and in Calgary.
With four other Alberta women — Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards, together known as the Famous Five — she petitioned for a ruling on whether the word persons in the section governing Senate appointments included women. The Supreme Court of Canada said in 1928 that it did not. They appealed to the Judicial Committee of the Privy Council in London, then Canada's highest court, and in October 1929 it reversed the decision, holding that excluding women was a relic of a more barbarous age. Women were persons, and eligible for the Senate.
Murphy was never appointed to it. She has statues on Parliament Hill and in Calgary.
- The Canadian Encyclopedia — Emily Murphy
- Senate of Canada — Why the Persons Case matters
- The Canadian Encyclopedia — Eugenics in Canada
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