a biography of the day-emily murphy (canadian women's rights activist, famous five)
Emily Murphy
Born 14 March 1868
Toronto, Ontario
Died 17 October 1933 (aged 65)
Edmonton, Alberta
Nationality Canadian
Known for Women's rights activist
Emily Murphy (born Emily Gowan Ferguson; 14 March 1868 – 17 October 1933) was a Canadian women's rights activist, jurist, and author. In 1916, she became the first female magistrate in Canada, and in the British Empire. She is best known for her contributions to Canadian feminism, specifically to the question of whether women were "persons" under Canadian law.
Murphy is known as one of the "The Famous Five" (also called "The Valiant Five"
[citation needed]—a group of Canadian women’s rights activists that also included Henrietta Muir Edwards, Nellie McClung, Louise McKinney and Irene Parlby. In 1927, the women launched the "Persons Case," contending that women could be "qualified persons" eligible to sit in the Senate. The Supreme Court of Canada ruled that they were not. However, upon appeal to the Judicial Committee of the British Privy Council, the court of last resort for Canada at that time, the women won their case.[1]
While Arthur was working as an Anglican priest, Murphy explored her new surroundings and became increasingly aware of the poverty that existed. At the age of 40, when her children became independent and began their separate lives, Murphy began to actively organize women’s groups where the isolated housewives could meet and discuss ideas and plan group projects. In addition to these organizations, Murphy began to speak openly and frankly about the disadvantaged and the poor living conditions that surrounded their society. Her strong interest in the rights and protection of women and children intensified when she was made aware of an unjust experience of an Albertan woman whose husband sold the family farm; the husband then abandoned his wife and children who were left homeless and penniless. At that time, property laws did not leave the wife with any legal recourse. This case motivated Murphy to create a campaign that assured the property rights of married women. With the support of many rural women, Murphy began to pressure the Alberta government to allow women to retain the rights of their land. In 1916, Murphy successfully persuaded the Alberta legislature to pass the Dower Act that would allow a woman legal rights to one third of her husband’s property. Murphy’s reputation as a women’s rights activist was established by this first political victory.
The Persons Case
. . .
Murphy’s success in the fight for the Dower Act, along with her work through the Local Council of Women and her increasing awareness of women’s rights, influenced her request for a female magistrate in the women’s court. In 1916, Murphy, along with a group of women, attempted to observe a trial for women who were labelled prostitutes and were arrested for "questionable" circumstances. The women were asked to leave the courtroom on the claims that the statement was not "fit for mixed company". This outcome was unacceptable to Murphy and she protested to the provincial Attorney General. "If the evidence is not fit to be heard in mixed company," she argued, "then the government must set up a special court presided over by women, to try other women." Murphy’s request was approved and she became the first woman police magistrate for the British Empire. Her appointment as judge, however, became the cause for her greatest adversity concerning women within the law. In her first case in Alberta on 1 July 1916, she found the prisoner guilty. The prisoner's attorney called into question her right to pass sentence, since she was not legally a person. The Provincial Supreme Court denied the appeal.[2]
In 1917, she headed the battle to have women declared as “persons” in Canada, and, consequently, qualified to serve in the Senate. Lawyer, Eardley Jackson, challenged her position as judge because women were not considered “persons” under the British North America Act 1867. This understanding was based on a British Common Law ruling of 1876, which stated, "women were eligible for pains and penalties, but not rights and privileges."
Murphy began to work on a plan to ask for clarification of how women were regarded in the BNA act and how they were to become Senators. In order for her question to be considered, she needed at least five citizens to submit the question as a group.[citation needed] She enlisted the help of four other Albertan women and on 27 August 1927 she and human rights activist Nellie McClung, ex MLA Louise McKinney, women’s rights campaigners Henrietta Edwards and Irene Parlby signed the petition to the federal Cabinet, asking that the federal government refer the issue to the Supreme Court of Canada. The women's petition set out two questions,[3] but the federal government re-framed it as one question, asking the Supreme Court: "Does the word 'person' in Section 24 of the British North America Act include female persons?" The campaign became known as The Persons Case and reached the Supreme Court of Canada on March 1928. The Court held that women were not qualified to sit in the Senate. The five women then appealed to the Judicial Committee of the Privy Council in Britain. On 18 October 1929, in a decision called Edwards v. Canada (Attorney General), the Privy Council declared that women were considered as "persons" under the BNA Act and were eligible to serve in the Senate.
http://en.wikipedia.org/wiki/Emily_Murphy
