The Persons Case

A Look at the Law
The Public Legal Education Association of Saskatchewan (PLEA) is a non-profit corporation, non-government organization that provides the people of Saskatchewan with understandable, useful information and education on our laws and legal system.

On October 18, 1929 the British Privy Council handed down a decision in what would become known as the Persons Case. At issue was the appointment of women to the Senate, and more specifically whether women were included in the legal interpretation of the word “persons”. The case ultimately confirmed women’s right to be appointed to public office.

It may seem strange to us now to question whether women could be politicians, judges and members of the House of Commons. But the English common law had not been generous with women’s rights. At common law, women were not eligible to hold any important office unless Parliament passed a law that specifically said women were eligible.

Until the late nineteenth century, married women didn’t have the right to own property themselves. At the time of the Persons Case, women in most Canadian provinces had only recently won the right to vote. For example, women in Manitoba , Saskatchewan , Alberta and British Columbia didn’t have the right to vote before 1917. It was two more years before women were allowed to vote in federal elections. The times were changing, but even as late as 1927 it was unclear exactly what legal rights women had.

Five prominent Alberta women – the Alberta Five - were anxious to see things change more quickly. Emily Murphy, Henrietta Muir Edwards, Nellie McClung, Louise McKinney and Irene Parlby took their case to court and on to the Supreme Court of Canada. The issue was whether women were included in the legal interpretation of the word “persons”. At the time the law stated that only “qualified persons” were to be appointed to the Senate. On the basis of previous cases the Supreme Court decided against them, finding that women did not fit the legal definition of “qualified person”. The women appealed their case to the British Privy Council, which was the final court of appeal from decisions of the Supreme Court at that point in history. The judges of the British Privy Council ruled in their favour, recognizing that women were eligible to become senators and marking an important milestone in the history of women’s rights.

The decision stated "that 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 "person" should include females, the obvious answer is, why should it not?"

The anniversary of the Persons Case has become a time to celebrate women’s achievements in public life and reflect on some historic moments for women’s rights, such as…

1907 The first University Act for the University of Saskatchewan stated that female students should not be discriminated against because of their gender and could participate equally with men in any university activity.
1919 The Naturalization Act allowed a British subject who married a foreigner permission to retain her citizenship when prior to the Act the wife automatically took her husband’s nationality and lost her citizenship rights.
1920The Public Health Act provided expectant mothers with a maternity grant.
1950 The Jury Act was amended to allow women to be called for jury duty.
1953The Equal Pay Act providedequal pay for women who performed work comparable to their male co-workers.
1976The Change of Name Act was amended to allow women to legally retain their name upon marriage.

For more information about this topic, visit the Status of Women Office online at www.swo.gov.sk.ca or the Saskatchewan Human Rights Commission online at www.gov.sk.ca/shrc.

This article is intended to be general information only. People who need specific advice should see a lawyer.

For general legal information on other areas of the law, contact Public Legal Education Association, 300 – 201 21st Street East, Saskatoon, Saskatchewan S7K 0B8, Phone: (306) 653-1868, E-mail: plea@plea.org or see our web site at www.plea.org.