Heritage Minutes: Emily Murphy

Summary

This script highlights the struggle of Emily Murphy, a Canadian author and the first female magistrate in the British Empire, in her fight for women's rights. Due to the British North America Act, she was deemed 'not a person' and ineligible to become a senator. Alongside other women, she fought for ten years against societal ridicule and legal barriers, eventually taking the case to the Privy Council in London. In 1929, they succeeded, securing the legal recognition of women as 'persons,' granting them the right to sit in the Senate.

Takeaways

• 👩‍⚖️ Emily Murphy could not become a Senator because women were not considered 'persons' under the British North America Act.
• 📚 Emily Murphy was the author of the Janey Canuck books and a pioneer in the fight against narcotics.
• ⚖️ Despite being the first female magistrate in the British Empire, she was still not recognized as a 'person' under Canadian law.
• 👩‍🦰 Along with other Canadian women, she fought for ten years to change this legal interpretation.
• 😔 They faced ridicule and opposition, including dismissive attitudes from their own husbands.
• 🏛️ The case was eventually taken to the Privy Council in London after persistent legal battles.
• 👑 In 1929, the Privy Council ruled that women were indeed 'persons' under Canadian law.
• 🪧 This ruling allowed women to sit in the Canadian Senate, marking a major milestone in women's rights.
• 👥 The efforts of Emily Murphy and her group represented a significant victory for women's legal status in Canada.
• 🇨🇦 The legal recognition of women as 'persons' changed the landscape for gender equality in Canada.

Q & A

Who is speaking in the transcript and what is their significance?

The speaker is Emily Murphy, a prominent Canadian figure known for being an author, a pioneer in the fight against narcotics, the first female magistrate in the British Empire, and an activist for women's rights in Canada.

What legal obstacle did Emily Murphy face in becoming a Senator?

Emily Murphy was not allowed to become a Senator because, under the British North America Act, women were not considered 'persons' under the law and therefore ineligible for Senate appointments.

What was Emily Murphy's contribution to the 'Persons Case'?

Emily Murphy, along with a group of Canadian women, fought for ten years to challenge the law that excluded women from being considered 'persons' under the British North America Act, eventually taking their case to the Judicial Committee of the Privy Council in London.

How did society view the efforts of these women fighting for legal recognition?

The women, including Emily Murphy, faced ridicule, with many of their own husbands dismissing their efforts with condescending remarks like 'There there, dear.'

What was the outcome of the case in 1929?

In 1929, the Privy Council in London ruled that women were indeed 'persons' under the law, allowing them to sit in the Senate of Canada.

What impact did the Privy Council's decision have on Canadian women?

The decision allowed Canadian women to be legally recognized as 'persons' under the law, which enabled them to hold public office, including Senate positions.

What does the speaker mean by 'first female magistrate in the Empire'?

Emily Murphy is referring to her role as the first woman to serve as a magistrate (a judicial officer) in the British Empire, a significant accomplishment in a male-dominated legal system.

What role did London play in the 'Persons Case'?

London, specifically the Judicial Committee of the Privy Council, was the highest court of appeal for Canada at the time. Emily Murphy and her colleagues took their case there after being denied by Canadian courts.

What are the 'Janey Canuck books' mentioned in the transcript?

The 'Janey Canuck books' were a series of books written by Emily Murphy under the pseudonym 'Janey Canuck,' reflecting her views and experiences in Canadian society.

Why is the 'Persons Case' historically important for women's rights in Canada?

The 'Persons Case' is a landmark legal case that redefined the role of women in Canadian society, granting them legal status as 'persons,' which opened doors for women's participation in politics and government.