Today, with the equal rights of Canadian women ensured by
the 1982 Constitution Act, it is difficult to remember that
many basic rights were first won only 70 years ago.
Canadian women born before 1929 were considered by law
to be "non-persons." Five governments stated that women were
ineligible to be appointed to the Senate because they were
not "persons." In fact, British Common Law stated they were
"persons in the matter of pains and penalties, but not
in the matter of rights and privileges."
A group of Alberta women known as the Famous 5 worked
together to try to improve conditions for women and change the
interpretation of the Canadian Constitution to ensure women
could participate in all aspects of public life.
In 1927, the Famous 5 persuaded Prime Minister MacKenzie
King to ask the Canadian Supreme Court to clarify the word
"persons" under the British North America Act of 1867. When
the Canadian court rejected their argument on April 24, 1928, the Famous 5 persuaded the Government of Canada to
appeal to the Judicial Committee of the British Privy
Council. There, the Famous 5 won their case and on October 18, 1929,
Canadian women were legally declared "persons" and eligible
for appointment to the Senate.