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Decentralized Democracy

Senate Volume 153, Issue 149

44th Parl. 1st Sess.
October 18, 2023 02:00PM
  • Oct/18/23 2:00:00 p.m.

Hon. Judy A. White: Honourable senators, I rise today to recognize the ninety-fourth anniversary of Persons Day in Canada, in which we are celebrating the landmark decision that allowed women increased participation in public and political life, including the right to serve as senators.

Today we honour the determination of the “Famous Five,” whose statues are fittingly standing beside the Senate of Canada Building. The Famous Five consisted of Emily Murphy, Nellie McClung, Louise McKinney, Irene Parlby and Henrietta Muir Edwards. They were accomplished legal experts, politicians and activists from Alberta.

In 1927, they asked the Supreme Court of Canada to answer a simple but essential question: “Does the word ’Person’ in section 24 of the British North America Act . . . include female persons?”

After five weeks of debate, the Supreme Court decided that the word “person” did not include women.

Despite this setback, the Famous Five were not deterred. They took their case to the Judicial Committee of the Privy Council of Great Britain, which was then Canada’s highest Court of Appeal.

In 1929, the court ruled that:

The exclusion of women from all public offices is a relic of days more barbarous than ours. And to those who would ask why the word “person” should include females, the obvious answer is, why should it not?

In addition to long-term implications, this decision had immediate impact, as Cairine Wilson became Canada’s first female senator, appointed just four months later. I’m happy to say that we have come a long way since then, as we sit in a gender-equal Senate.

I would be remiss, though, if I didn’t note that this court ruling, although historic in advancing women’s rights, excluded many, such as Indigenous and racialized women.

Therefore, it is crucial to recognize the subsequent generations of women who continued the fight of equality, respect and justice in Canada, while reminding ourselves that this work remains unfinished.

Accordingly, let me take this opportunity to highlight the Governor General’s Awards in Commemoration of the Persons Case, established in 1979 to continue recognizing individuals who have made outstanding contributions to the goal of equality for women, gender-diverse people and girls in Canada. Every year, several recipients are chosen from across the country, from a multitude of disciplines, and celebrated for their dedication to equality in this country. I offer heartfelt congratulations to this year’s representatives and thank them for their invaluable contributions.

Wela’lioq, thank you.

[Translation]

415 words
  • Hear!
  • Rabble!
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