Women's Rights & Social Change · Term 3

Second-Wave Feminism & Reproductive Rights

The Royal Commission on the Status of Women and the fight for reproductive rights.

About This Topic

The Persons Case was a landmark legal battle that established the right of women to be appointed to the Canadian Senate. In 1927, five women from Alberta, known as the 'Famous Five', challenged the government's interpretation of the word 'persons' in the British North America Act, which had been used to exclude women from the Senate. After being rejected by the Supreme Court of Canada, they took their case to the Judicial Committee of the Privy Council in Britain, which ruled in 1929 that women were indeed 'persons' in the eyes of the law.

This topic explores the significance of the ruling, which not only opened the Senate to women but also established the 'living tree' doctrine of constitutional interpretation, the idea that the law must evolve to meet the needs of a changing society. Students investigate the lives and motivations of the Famous Five and the impact of their victory on women's participation in Canadian politics. This topic benefits from mock trials and collaborative investigations into the legal arguments of the case. Students grasp the importance of the ruling faster through peer-led discussions and by analyzing how the 'living tree' doctrine continues to shape Canadian law today.

Active Learning Ideas

Simulation Game: The Persons Case Appeal

Students act as lawyers and judges in a mock appeal to the Privy Council. They must present the legal arguments for and against the inclusion of women as 'persons,' focusing on the meaning of the BNA Act and the changing role of women in society.

⏱ 50 min·Whole Class

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Inquiry Circle: The Famous Five

In small groups, students research one of the Famous Five (Nellie McClung, Henrietta Muir Edwards, Louise McKinney, Emily Murphy, and Irene Parlby). They identify their background, their specific contributions to the case, and their other social and political work.

⏱ 45 min·Small Groups

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Think-Pair-Share: The 'Living Tree' Doctrine

Students read a short explanation of the 'living tree' doctrine. They discuss with a partner why it is important for a constitution to be able to grow and change over time and what might happen if it remained 'frozen' in the past.

⏱ 25 min·Pairs

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Watch Out for These Misconceptions

Common Misconception

The Persons Case gave women the right to vote.

What to Teach Instead

Most women already had the right to vote by 1929; the Persons Case was specifically about the right to be appointed to the Senate and to be recognized as legal 'persons' for all public offices. Peer discussion about 'different levels of rights' helps students understand the specific legal focus of the case.

Common Misconception

The Famous Five were perfect heroes with no flaws.

What to Teach Instead

While they were pioneers for women's rights, some members of the Famous Five also supported controversial ideas like eugenics. Using a 'Complex Figures' analysis helps students see them as real people with both positive and negative legacies, which is a key part of historical thinking.

Frequently Asked Questions

What was the Persons Case?

It was a 1929 legal case that determined that women were 'qualified persons' and therefore eligible to be appointed to the Senate of Canada. It overturned a previous ruling that only men could be considered 'persons' under the BNA Act.

Who were the Famous Five?

They were five Alberta women, Emily Murphy, Nellie McClung, Irene Parlby, Louise McKinney, and Henrietta Muir Edwards, who came together to challenge the exclusion of women from the Senate and to fight for women's legal and political rights.

What is the 'living tree' doctrine?

It is a principle of constitutional interpretation that says the constitution should be seen as a 'living tree' that can grow and adapt to new social realities. This allows the law to evolve without needing constant formal amendments.

How can active learning help students understand the Persons Case?

Active learning strategies, such as simulating the legal appeal and investigating the lives of the Famous Five, help students understand the legal and social significance of the case. By engaging with the arguments and the personalities involved, students move beyond seeing the case as just a legal fact to seeing it as a pivotal moment in the struggle for equality. This hands-on approach fosters a deeper understanding of how the law can be used to both restrict and expand human rights.

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