The Famous Five (Canada)

The Famous Five (also known as The Valiant Five) were a group of five Canadian women who, in the early 20th century, fought for the rights of women to be recognized as persons in the legal sense. This group consisted of Emily Murphy, Irene Marryat Parlby, Nellie Mooney McClung, Louise Crummy McKinney, and Henrietta Muir Edwards. Their most notable achievement was the Persons Case, a landmark legal decision in 1929 that allowed women to be appointed to the Senate of Canada.

Background

In the early 1900s, women in Canada, and indeed much of the Western world, were fighting for their rights, including the right to vote, the right to run for public office, and the right to be legally recognized as "persons." Before this time, women were not considered persons under Canadian law, which excluded them from various rights and privileges, including holding certain positions of power.

The Persons Case

The Persons Case refers to the legal battle initiated by the Famous Five in 1927. Emily Murphy, the first female magistrate in the British Empire, had her authority challenged because women were not legally considered "persons." In response, Murphy and the rest of the Famous Five petitioned the Supreme Court of Canada to have women legally recognized as persons. In 1928, the Supreme Court ruled against them, stating that women were not "qualified persons" according to the British North America Act, 1867.

Unsatisfied with this ruling, the Famous Five took their case to the Judicial Committee of the Privy Council in Britain, which at the time was the highest court of appeal for Canada. On October 18, 1929, the Privy Council overturned the Supreme Court of Canada's decision, declaring that women are indeed persons under the law. This landmark decision opened the door for women to participate more fully in public life, including being appointed to the Senate.

Legacy

The legacy of the Famous Five has had a lasting impact on the rights of women in Canada and has served as an inspiration for women's rights movements around the world. Their victory in the Persons Case not only allowed women to be appointed to the Senate but also paved the way for greater participation of women in all aspects of public and political life.

In recognition of their contributions, statues of the Famous Five have been erected in Ottawa, the capital city of Canada, and in Calgary, Alberta. In 1996, October 18 was declared "Persons Day" in Canada, commemorating the landmark decision each year.

Controversies

While the Famous Five are celebrated for their achievements in advancing women's rights, they have also been criticized for their views on other social issues, including their support of the eugenics movement, which advocated for the forced sterilization of individuals deemed unfit to reproduce. This aspect of their legacy is a reminder of the complex and sometimes contradictory nature of historical figures.

Conclusion

The Famous Five played a crucial role in the fight for women's rights in Canada, and their victory in the Persons Case marked a significant milestone in the legal recognition of women as persons. Their legacy is a testament to the impact that determined individuals can have on shaping the course of history.

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