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"Women are persons in matters of pains and penalties, but are not persons in matters of rights and privileges.” “Does the Word 'persons' in Section 24 of the British North America (BNA) Act of 1807 include female persons?" In 1928. the Supreme Court of Canada was asked Ihat question. The response was “No.” Women were not persons. At the time. women could vote in fed» erul elections and in some provincial elections. They could hold oil" 1: in proâ€" vincial government and they could be Members of Parliament; but they could not become Senators hi I" I (i. this siluiitinn came in the alien Iiun oi Judge lillllly Murphy. the first woman magistrate in the British Empire This position shaipcncd her awareness of the potential puwci‘ for social rcloriit held by women’s iii'paiti/alinns. Judge liiiiily Murphy. Ihc first wuman magistrate in the British liiiipirc. wanted to hecuinc ('aiiada's first woman Senator. hill the “NA /\L'l said women were not persons. and therelm'c. were not eligible. She sought advtce l'ruin lawyers to to solve this matter in the courts She was advised that any live persons could initi- atc an appeal in the Supreme Court of Canada; so she rm itcd four other women In Join her petition. The media dubbed them “The Faitinus Five." The (iovcrniiiciit of Canada supported the appeal to the Judicial ('oiiiinittec ol' the Privy Council til England. Canada's highest court ot'appcal at tlic time. In their judpciiicni on October IX. 1010. the 10 Home 8. Country, Summer 2000 From left to right: Louise McKinney, clasping hands in delight: Emily Murphy stands beside the empty chair and beckons visitors to join the celebration; Nellie McClung holds the newspaper with the headline "Women are Persons!;" Irene Par/by; and, Henrietta Muir Edwards, toasting with a tea cup. Lords noted that Canada was growing and changing. so must its constitution grow and change Therefore, they “unaniâ€" moust came to the conclusion that the word ‘pcrsons' in Section 24 includes members of the male and female sex." It came to be known as the "Persons" Case. This case was a landmark in women‘s struggle for equality. Among otherthings. it meant women could be summoned to the Senate. a reform for which the Federated Women's institutes of Canada (FWlCl hard pressed. “The Famous Five" were women from Alberta. whose many individual achieve- ments greatly improved life for women and children in Canada. Emily Murphy 7 She was a prominent sul'fragist and reformer. the first fe- male magistrate in the Commonwealth and organizer of the "Persons" Case." She wrote books and articles under the name of Janey Canuck. Louise McKinney â€" She was an organ- izer and supporter of the Women's Christian Temperance Union, She was the first woman in the Legislative Assembly in the Commonwealth. after being elected in Alberta in 1917. This was the first election in which women could vote or run for office. Nellie McCIung â€" She was a novelist. reformer. suffragist and famed Canadian journalist. who led the fight to enfranchise North American women. beginning with Western Canadian women in the early 1910s McClung was a Liberal MLA Edmonton from 1921 to 1926. the firs female Director of the Board of Gov- ernors of the Canadian Broadcasting Corporation (CBC) (1936) and adele- gate to the League of Nations in Genevain 1938‘ Henrietta Muir Edwards â€" She was an artist and legal expert. She published Canada's first women‘s magazine, established the prototype for the Canadian YWCA (1875) and helped found the National Council ofWomen in 1893 and the Victorian Order of Nurses in 1897, Irene Parlby â€" She was an advocate for rural women in Alberta. who was appointed the first female Cabinet Minister in Alberta and the second in the Commonwealth (19211 She was the President of the United Farm Women of Alberta in 1916 and a delegate to the League of Nations in Geneva in 1930. continued on page.J