The Persons Case Summary

1527 Words4 Pages

Persons Case
The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.
The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act and therefore were ineligible for appointment to the Senate. However, the women appealed to the Privy Council of England, which in 1929 reversed the Court’s decision. The Persons Case opened the Senate to women, enabling them to work for change in both the House of Commons and the Upper House. Moreover, the legal recognition of women as “persons” meant that women could no longer be denied …show more content…

In 1867, Canadian women were unable by law to hold political office. However, the situation in 1929 was very different, as most women were able to vote and become candidates in all federal and provincial elections (there were two exceptions: in Québec, women did not have the vote; in New Brunswick, women could vote, but could not hold political office). The Privy Council judgment was therefore consistent with the legislative changes of the 1910s and 1920s concerning women’s suffrage.
Significance
On 15 February 1930, Cairine Wilson was sworn in as Canada’s first female senator. The implications of the Persons Case, and Wilson’s appointment, were far-reaching. First, the Privy Council decision meant that women had been legally recognized as “persons.” This meant that women could no longer be denied rights based on narrow interpretations of the law. Second, women could now continue to work for greater rights and opportunities through the Senate as well as the House of Commons. The Persons Case was a significant moment in the history of women’s rights, even though the struggle for equality continues almost 100 years

Open Document