The Famous Five (), also known as The Valiant Five, and initially as The Alberta Five, were five prominent Canadian suffragists who advocated for women and children: Henrietta Muir Edwards, Nellie McClung, Louise McKinney, Emily Murphy, and Irene Parlby. On August 27, 1927, they petitioned the federal government to refer the issue of the eligibility of women to be senator to the Supreme Court of Canada. This petition was the foundation of the Persons Case, a leading constitutional decision. Although most Canadian women had the vote in federal elections and all provinces but Quebec by 1927, the case was part of a larger drive for political equality. This was the first step towards equality for women in Canada and was the start to the first wave of feminism.
The question the federal government posed to the Supreme Court was: "Does the word 'Persons' in Section 24 of the British North America Act, 1867, include female persons?" In 1928, the Supreme Court unanimously held that women were not "qualified persons" within the meaning of s. 24 of the British North America Act, 1867. The five women appealed that ruling to the Judicial Committee of the Privy Council, at that time the highest court of appeal in the British Empire. On October 18, 1929, the Judicial Committee overruled the Supreme Court and held that women were "qualified persons" and eligible to be appointed to the Senate.
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:"This decision marks the abolition of sex in politics... Personally, I do not care whether or not women ever sit in the Senate, but we fought for the privilege for them to do so. We sought to establish the personal individuality of women and this decision is the announcement of our victory." — Henrietta Muir Edwards, 1929
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Some saw this as "radical change"; others saw it as a restoration of the original framing of the English constitutional documents, including the 1689 Bill of Rights, which uses only the term person, not the term man (or woman for that matter). Some others have interpreted the Privy Council rule as causing a change in the Canadian judicial approach to the Canadian constitution, an approach that has come to be known as the "living tree doctrine".
The Five
The women of the Famous Five included Emily Murphy, Henrietta Muir Edwards, Nellie McClung, Louise McKinney, and Irene Parlby. These five women represent iconic powerful movements and change within Canada, as they devoted their lives to advocacy in the 1880s, through to the 1890s. As the group first convened in Alberta, the five were initially referred to as The Alberta Five by the media. However, as a result of the group's importance to Canada as a whole, the group was eventually referred to as The Famous Five.
Louise McKinney
Louise McKinney became one of the first two women elected to a legislature in the British Empire, and the first to take her seat. She was a founder of the Woman's Christian Temperance Union in Alberta and the West – she was the organization's vice-president for more than 22 years beginning in 1906 – and regularly attended World Meetings of the WCTU. She signed the appeal to the Privy Council in 1929. In 1931, she became president of the Canadian Union, Woman's Christian Temperance 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.
Emily Murphy
Emily Murphy stood out among the Famous Five, as she was the British Empire's first female judge. Emily was appointed to the office of Magistrate of the Edmonton Juvenile Court in 1916, and later became the magistrate of the newly created Women's Court. At the time, no woman had held such a position, and many men objected.
During her career as a writer, Murphy used the pen name "Janey Canuck". In 1922, she wrote The Black Candle which detailed her beliefs on race and drug use in Canada and strongly influenced the drug policy of the day.
In 1958, the Government of Canada had named Emily Murphy a Person of Nation Historic Significance. Several decades even after the Person's case, the Senate of Canada had voted to acknowledge the five women in the “Famous Five” as honorary senators.
Irene Parlby
In 1916, Irene Parlby was elected as the first president of the United Farm Women of Alberta, and in 1921 was elected to the Alberta legislature and received a cabinet post in the United Farmers of Alberta government, becoming the second woman in the British Empire to hold ministerial rank. She was also the first female Cabinet minister in Alberta, and still serving in that capacity at the time of the court case. She was a cabinet minister until the downfall of the government in 1935. Parlby worked with the Red Cross during World War I and later served on the Board of Governors of the University of Alberta.
The Persons Case
During the year 1917 a discussion began surrounding women and their position in the senate, for 10 years this debate continued, however, was disregarded in 1927 as the Canadian BNA act implied it was impossible In August 1927, Emily Murphy invited four women activists, Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards, to her home in Edmonton to discuss plans to petition the Canadian government to submit a reference question to the Supreme Court of Canada regarding the interpretation of the word persons in the British North America Act. The petition requested that the government ask the Supreme Court if power was vested in the governor general in council, the prime minister of Canada, or both, to appoint a woman to the Senate of Canada; and if it was constitutionally possible to make provisions that would allow for the appointment of a woman.
On 24 April 1928, the Supreme Court held that women were not "qualified persons" within the meaning of s. 24 of the British North America Act. The ruling was based on the premise that the term should be interpreted in the same way as in 1867, and that the act would have specifically mentioned women if they had meant to make an exception for the Senate.
The Five then appealed the decision of the Supreme Court to the Judicial Committee of the Privy Council. The judgment was delivered by the Lord Chancellor, Viscount Sankey, who stated:
