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The Persons Case (Underlying Causes: Many female activists in Alberta…
The Persons Case
Underlying Causes: Many female activists in Alberta wanted Emily Murphy who was Canada’s first magistrate to hold a position in the Senate. Many female activists around Canada supported her and wanted the same thing. However the government responded by saying “we would like nothing better than to have a woman in the Senate, the British North America Act made no provision for women”(Marshall, 2006).
Underlying Causes: Five different governments wanted to appoint women to the Senate. But due to section 24 of the BNA Act it made it impossible. Prime Minister Makenzie King had taken action and asked the Senator to propose a correction to the act, but there was no proposal made.
Underlying Causes: five wrote down proposals but they were all ignored. They decided to appeal to a higher authority such as the Judicial Committee of the Privy Council in London. This was Canada’s highest court. Their appeal was successful and they reversed the decision in 1929, and clondued that the word “persons” included women.
Most Important Cause: The most important cause of the Person’s Case was how it got established. The Five Female activists who wrote several proposals are the ones who fought for women's rights and got women to have a position in the Senate. Without them pushing the government and fighting for women rights women would be able to work in the Senate. This is why they are an integral part of getting women to be part of the political workforce.
Indirect Consequence: After the person’s case was established women were now considered “persons” which was a decision made by the Privy Council. Women were now not allowed to be denied rights based on narrow interpretations of the laws.
Indirect Consequence: Women being allowed to work in the Senate could lead to them getting “greater rights and opportunities”(Marshall, 2006) trough the Senate and House of Commons. With the person case women equality was getting better during 1929. Women still struggled for equality for another 100 years in Canada.
Indirect Consequence: Five individuals were awarded the Governor General Awards in Commemoration of the Persons Case. These were the people who advanced equality of women and girls in Canada. In 1999 a monument was made called “women are persons,” which was unveiled at the Olympic Plaza, which is located in Calgary. Then a similar monument was put on the Parliament Hill in Ottawa, and this statue was featured in a $50 bill which was part of the Royal Candian Mint’t Candian Journey Series.
Most Important Consequence: The most important consequence of the Person’s Case was the monument made known as the “women are persons.” This was a significant moment for women equality and this monument showcased the fight that women went through for their rights. Another part was that a year later it was unveiled at the Olympic Plaza and this monument was on the $50 bill.
Immediate Cause: In 1928 the Supreme Court of Canada had ruled women were not persons, and were not allowed to be appointed in the Senate. Most women were given the right to vote by 1927, but they were not allowed to be part of the political workforce.
Immediate Cause: This is due to the BNA Act of 1867 (British North America Act), which stated “only qualified persons could be appointed to the Senate”(Marshall, 2006). Persons were referred to men, which was established in 1867.
Direct Consequence: The person’s case was an act created in 1929 to give women the right to work in the Senate as they were not considered persons before this act was established women were not allowed to work in the Senate.
Direct Consequence: After the person’s case was established. Carine Willson was the first female sworn into the senate. Women were now allowed to work in the Senate, which was leading to Canada as a gender inclusive country.
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Continutity and Change:
As a result of the Person’s Case, the struggle for women's equality still continued for another 100 years in Canada. Although with the Person’s Case women did get to be a part of the political workforce which could benefit them in the future for getting greater rights and opportunities. Women were no longer going to be denied rights based on narrow interpretations of law. Women being able to work in the Senate was also going to give them opportunities to work in other parts of the political workforce.
Definition: The person’s case was a constitutional ruling where women were given the right to work in the senate in 1929. Before 1929 women were not considered “persons” due to an act in the past known as the BNA act. This caused female activists around Canada to fight for their rights. The Famous Five initiated this case to fight for their rights and change the law to the definition of person including women.
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