ANALYSIS OF DOCUMENTS
Source #1: "Persons Case: A Struggle for Legal Definition & Personhood." – Anne White
The article can be found here: Anne White article
This article is rich in detail and in its survey of the Persons Case. I recommend it as a good starting point to show how the case was significant. It highlights this particularly in two ways:
1) how it reveals the enduring and emerging issues of the times
2) how often history is constructed, and how this episode in Canadian history and those involved are significant because they created a meaningful space and narrative.
The article sheds light on the build up to the case, detailing the different legal and social deterrents women faced, but also some of the triumphs they had. It also sheds light on the important allies (men) these women had, who would go on to help bring these cases to different courts. It offers an important warning against complacency, and citing an editor of a popular magazine in 1929 who wondered if some would lose interest in political participation now that they had acquired what they thought was the pinnacle of political and legal rights for women. The article does well to show the process of this case, from its origins much earlier in 1921, to its connections within the first wave of feminism going on at the time.
This article is rich in detail and in its survey of the Persons Case. I recommend it as a good starting point to show how the case was significant. It highlights this particularly in two ways:
1) how it reveals the enduring and emerging issues of the times
2) how often history is constructed, and how this episode in Canadian history and those involved are significant because they created a meaningful space and narrative.
The article sheds light on the build up to the case, detailing the different legal and social deterrents women faced, but also some of the triumphs they had. It also sheds light on the important allies (men) these women had, who would go on to help bring these cases to different courts. It offers an important warning against complacency, and citing an editor of a popular magazine in 1929 who wondered if some would lose interest in political participation now that they had acquired what they thought was the pinnacle of political and legal rights for women. The article does well to show the process of this case, from its origins much earlier in 1921, to its connections within the first wave of feminism going on at the time.
Source #2: Counterpoints: Exploring Canadian Issues (textbook)
This is the standard textbook in many B.C. Social Studies 11 classrooms (published in 2001). In my practicum, my school leaned on this textbook quite heavily at times. As one can see, there is a section in Chapter 3 (Canada and the Twenties) which is dedicated to “The Role of Women.” It discouraging to see it all be boiled down to one page. The Persons Case is itself relegated to a short paragraph, with little depth of analysis. However, the section on “The Role of Women” did made an important observation: “Hopes were high for reforms…the reality, however, did not measure up to the expectations.” It appears that the creators of this textbook could have had higher regards for the historical significance of the Persons Case, and also women’s issues. A social justice approach to teaching this content would require the teacher to supplement this text, critique the text, or avoid the text altogether.
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Source #3: The Legacy of the "Persons Case": Cultivating the Living Tree's Equality Leaves – Honourable Claire L'Heureux-Dube
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This article acknowledges the historical significance of the Persons Case by focusing on the legal legacy of the case and the results for equality rights in Canada. Though far from a complete reversal of prejudice and discrimination, the Persons Case nonetheless did have important legal consequences––but not just for women. From a social justice perspective, this was an important case as it sought to identify the richness of meaning involved in words––particularly the word “equality” and the legal ramifications of understanding this word. L’Heureux-Dube makes the claim that the Persons Case greatly contributed to how judges would be able to use Section 15 of the Charter of Rights of Freedoms (when it was patriated in 1982), the section on equality of rights. She also speaks of the important concept of “interpretive lens of equality.” This concept helps judges step beyond just textual interpretation, but to also link their judgments to the social and historical context involved in discrimination. This, L’Heureux-Dube argues, was largely missing from the original Persons Case. The Persons Case was decided based on textual interpretation of what “persons” meant in the BNA Act. Interestingly, the Privy Council actually made no reference to gender discrimination or hinted at the wave of feminism and expansion of women's rights occurring at the time––though it was perhaps on the minds of the judges. Therefore this article is quite fascinating as it explores the Persons Case from a legal and semantic approach.
Source #4: The Constitution Acts 1867, 1982
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The following two sections I highlight are absolutely crucial. The first is Section 24 of the original British North America Act of 1867, and is the part brought forth in the Persons Case:
Section 24. “The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Sen- ate; and, subject to the Provisions of this Act, every Person so summoned shall be- come and be a Member of the Senate and a Senator.”
The next section, as noted in L'Heureux-Dube's article, is the equality rights section of the Charter of Rights and Freedoms:
Section 15:
"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in par- ticular, without discrimination based on race, national or ethnic origin, colour, reli- gion, sex, age or mental or physical disability."
To be able to look at the exact wording and the foundations of our laws is important in social studies. Learning how to be at least moderately literate in legal writing is an important skill to teach students, and it helps open up our accessibility to a variety of historically significant sources.
Section 24. “The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Sen- ate; and, subject to the Provisions of this Act, every Person so summoned shall be- come and be a Member of the Senate and a Senator.”
The next section, as noted in L'Heureux-Dube's article, is the equality rights section of the Charter of Rights and Freedoms:
Section 15:
"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in par- ticular, without discrimination based on race, national or ethnic origin, colour, reli- gion, sex, age or mental or physical disability."
To be able to look at the exact wording and the foundations of our laws is important in social studies. Learning how to be at least moderately literate in legal writing is an important skill to teach students, and it helps open up our accessibility to a variety of historically significant sources.
Source #5: Supreme Court of Canada Decision
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Here is the original statement from the Supreme Court of Canada regarding their decision on the Persons Case. They ruled in the negative, and it appears difficult to fathom, how the highest court in this land would reject what we would take as a straightforward notion. This however reveals an important concept––the difficulties of presentism and judging people from the past for their actions. It also highlights the importance of teaching a social justice based social studies. Through this approach, we understand that “we never step into the same river twice” and acknowledge that there has been significant change over time between this ruling and the present day. For these judges, they were making the best sound judgment they could. This does not excuse them however, from there discrimination they promoted. But it does put it within a context. It is important to juxtapose this document with the next document presented.
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Source #6: Privy Council Decision
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This document is foundational to the Persons Case––without it, there would be no such discussion. This is the moment that the Famous Five, their allies, and the ideals they represented––had been waiting for. The affirmative ruling of the Privy Council stands in stark contrast to the decision of Canada’s Supreme Court. The judges here understand that the term “persons” in section 24 is clearly ambiguous. The term “persons” has been used in other context within the document and other legal documents to refer to females. The term “male persons” has been used specifically to signify any gender differences. Henceforth, based on textual analysis––section 24 allows for female citizens to serve as senators.
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Source #7: Troubling the Legacy of Emily Murphy
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In response to statues, murals, and other sites of dedication put up for Emily Murphy and some of her feminist pioneers––Paula Simons in her Vancouver Sun article, brings to light some of the troubling that a “vehement racist” like Emily Murphy had. Murphy, along with some other progressive leaders in Canada, were ardent campaigners for the eugenics movement in Alberta. A movement which led to the sterilizing of 2800+ Albertans deemed “unfit” to reproduce. Her discrimination also extended to homosexuals as well. In her ideal notion of the Canadian west it was to be a utopian land populated by English, clean-living, “thorough-breeds.”
Yet, Simons argues that it is important not to simply demonize Murphy nor erase her accomplishments. By understanding her within her context, we come to see that quite a few of her colleagues––male and female––held similar views. I would argue actually, that this makes her more real, more reflective of her times, and still an important figure to study and learn from. However––should we be establishing institutes, statues, massive murals for her? That I think is difficult to say. I think this is another rich aspect of the Persons Case that can be used as an example for other circumstances: how do we learn to relate to our “celebrated heroes” and their more complicated histories, personal foibles, and arguably hateful prejudices? As Simons notes: “Where one generation of academics and feminists worked hard to manufacture Canadian heroines, the next generation is working equally hard to expose their flaws.” Is this really the proper approach, and what will come of it if we do this to all our heroes? That I think is highly significant and worth exploring, because it acknowledges that injustice runs deep, and that social justice requires multiple narratives and sites of change. It reveals the complexity surrounding this approach to social studies, and the messy that comes when we do not subscribe to dominant blanketed narratives. |
Source #8: Edmonton Mural (2012)
On July 3, 2012, a 44 foot by 10 foot mural created by Kris Friesen, was unveiled on the corner of 100 Avenue and 102 Street Edmonton to honour The Famous Five. Despite their complex histories that either the public has chosen to overlook or does not know about––the Famous Five are still being celebrated. Then-premier Alison Redford along with other local female politicians including opposition Liberal leader Laurie Blakemen, trumpeted the mural’s powerful representation. Blakemen was quick however to point out hat despite holding the posts of premier, official opposition leader, house leaders for other parties, deputy chair of committees––women still have a long way to go. Therefore the Persons Case, the legacy of the Famous Five, are fresh in the minds of many Canadians. Despite whatever personal foibles, as covered in the previous document, it is nonetheless important that this story is told, through artistic avenues and also educational values in our classrooms as well.