The five women created a petition to ask this question. They sought to have women legally considered persons so that women could be appointed to the Senate.
Emily Murphy had a brother who was a lawyer and he was the one to inform her that there was a section of the BNA Act which allowed appeals to the Supreme Court of Canada for rulings on interpretations and the Government of Canada would pay the cost if it was considered sufficient. Five names were required on the petition. [1] On August 27, 1927, Emily Murphy invited the other four women to her Edmonton home to discuss the petition she had created for the fight to gain personhood for women. On that date when it was first signed it asked two questions: “Is power vested in the Governor General of Canada, or the Parliament of Canada, or either of them, to appoint a female to the Senate of Canada?” “Is it constitutionally possible for the Parliament of Canada, under the provisions of the BNA Act, or otherwise, to make provision for the appointment of a female to the Senate of Canada?"
The Government of Alberta offered active support for the petition but the province of Quebec was opposed. [1] The petition went to the government department of the Governor General in Council, next to the Department of Justice before it was referred to the Supreme Court of Canada. Before it appeared before the Supreme Court of Canada, the petition was altered without the permission of the five women and now asked: “Does the word ‘persons’ in Section 24 of the BNA Act include female persons?” The hearing occurred on March 14, 1928 where the Statement of the Case concluded: “…the question ought, accordingly, to be answered in the negative.” [2]
The “famous five” signed the appeal to the Privy Council in 1929, sought to have females gain the right to be named to the Canadian Senate. The case called the Persons Case added a change to the general pattern of the Privy Council’s ideas concerning law as well as its approach to analysis of constitutional meanings. It established the belief that the constitution should be allowed to change with time. The five Canadian women fought for females to be seen as “persons” and for it to be made legal for them to be appointed to the Canadian Senate. On October 18, 1929, Lord John Sankey who presided proclaimed, “The exclusion of women from all public offices is a relic of days more barbarous than ours”. It was decided that “persons” included males and females. [3] Following the completion of the Persons Case and the success of the Famous Five in securing personhood for women, Emily Murphy and Irene Parlby continued to believe in the need for women to be involved. [2]
Emily Murphy was the leader of the “Famous Five”, bringing them to a women’s victory in 1929. Murphy was appointed to the office of Magistrate of the Juvenile Court in Edmonton in 1916. She also became the magistrate of the newly created Women’s Court. At the time no woman had ever presided and many men did not approve. [1]
During her career as a writer, Murphy used the pen name Janey Canuck. She wrote “The Black Candle” in 1922 about drug problems in Canada. Her book as significant as it was able to reveal the extent which drugs existed in Canada as well as the degradation that drug addictions brought and it pointed out the culprits and suggested solutions. Murphy came from a privileged background in which women were protected by custom.[2]
In 1916, Irene Parlby was elected as the first president of the United Farm Women of Alberta. Irene Parlby was given a cabinet post in the United Farmer’s Government of Alberta in 1921 becoming the second woman in Canada to hold ministerial rank. Parlby was involved in wartime work with Red Cross. She served on the Board of Governors of the University of Alberta. [1]
Nellie McClung’s career consisted of many things including, teacher, author, social worker and politician. She was the only woman representative at the League of Nations in1918. In 1918, Nellie McClung served in the Dominion War Council. She represented Canada at the Ecumenical Council of the Methodist church in 1921 and was the first woman on the Canadian Broadcasting Corporation Board of the Governors. [1] In 1921, McClung was elected to the Alberta legislature as an MLA in Edmonton for the Liberal Party. [2] She was the most popular speaker of Political Equality of Manitoba, which she was a member of. She was involved in the Mock Parliament held on January 29, 1914 which discussed Votes for Men. [1]
Louise McKinney signed the appeal to the Privy Council in 1929. She was one of the first two female to be elected to a legislature in the British Empire and the first to take her seat in the chamber. She was one of the founders of the Women’s Christian Temperance Union in Alberta and the West. McKinney was the WCTU vice-president from 1908 for more than 22 years. In 1931 she became president of the Canadian Union. McKinney was also named to be Commissioner for the first General Council of the United Church of Canada and was the only woman to sign the Basis of Union. She was in attendance at the World Meetings of the WCTU. [1]
Henrietta Muir Edwards held an influence within the National Council of Women. She held chairmanship of the Committee in Law in the National Council of Women for more than 35 years. She was also a Red Cross leader during the war years. Edwards was the secretary of the National Subcommittee which focused on thrift and economy in Canadian homes. [1]
The achievement of personhood for women had been a monumental change which gave more power to women.
Emily Murphy was not shy with her opinions. [2] Her outspoken nature had a tendency to give her a negative reputation. She would write letters of her opinions to police chiefs, government officials, social service agencies and judicial officials about the extent of drug traffic and possible cures. Nellie McClung was known as the most memorable and popular of the famous five. Her causes included women’s right to vote, prohibition, women in the church and women in public life. [2] Henrietta Muir Edwards was described as “tenacious” with her work with prohibition. [1]
The five women were activists in a variety of areas in their pursuit to better the conditions for women and children. Emily Murphy dealt with single mothers and issues of child support, child welfare, and adoption. [3] Murphy lobbied for women’s rights. [2] Nellie McClung favored free medical and dental treatment for school children as well as mother’s allowances and better property rights for women. She was not opposed to divorce and birth control. Nellie McClung was also opposed to liquor. Louise McKinney believed strongly in the “evils of alcohol” and wanted to take prohibition measures. She wanted to exclude cigarettes from parcels going to soldiers in WWI in 1817. McKinney’s believed in support for reasonable measures for social welfare and health as well as introducing bills intended to make prohibition more effective, to improve the lot of immigrants and bring better security to widows. She was responsible of the introduction of motion which led to the Dower Act. Henrietta Edwards worked with property law and sought to protect women and children. [2]
On June 11, 1938, a plaque in Murphy’s honor was unveiled at the senate lobby. Murphy had many accomplishments such as becoming the first president of the Federated Women’s Institutes of Canada, vice-president of National Council of Women of Canada, president of Canadian Women’s Press Club, director of the Canadian Council of Child Welfare, vice-president of the Canadian Association of Child Protection, first president of the Women’s Canadian Club of Edmonton and vice-president of the Social Service council of Canada. Emily Murphy also received many honors for her life’s work including being decorated by King George V to be a Lady of Grade of the Order of St. John of Jerusalem. She had a park in Edmonton named after her. Irene Parlby was honored in 1935 at spring convocation at the University of Alberta with an honorary LL.D. degree. Tributes in honor of Henrietta Edwards can be found as a plaque at Senate Chamber in Ottawa as well as the post office in Fort Macleod. Nellie McClung spoke in Calgary after Edwards passing and spoke of Edwards, “who for 40 years was convener of laws for the National Council of Women” should not be forgotten. [1] A foundation was created in honor of the five Canadian women. The foundation’s goal is to support Canadian women today to recognize their ability to be involved in leadership within the nation. The foundation was created on October 18, 1996, which is also the anniversary of the ‘Persons’ Case’. It was registered as an unprofitable organization in 1997. The founder is Frances Wright and she was the original President of the foundation.[4]