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On 18 October 1929, John Sankey, England's reform-minded Lord
Chancellor, ruled in the Persons case that women were eligible for
appointment to Canada's Senate. Initiated by Edmonton judge Emily
Murphy and four other activist women, the Persons case challenged
the exclusion of women from Canada's upper house and the idea that
the meaning of the constitution could not change with time. The
Persons Case considers the case in its political and social context
and examines the lives of the key players: Emily Murphy, Nellie
McClung, and the other members of the "famous five," the
politicians who opposed the appointment of women, the lawyers who
argued the case, and the judges who decided it. Robert J. Sharpe
and Patricia I. McMahon examine the Persons case as a pivotal
moment in the struggle for women's rights and as one of the most
important constitutional decisions in Canadian history. Lord
Sankey's decision overruled the Supreme Court of Canada's judgment
that the courts could not depart from the original intent of the
framers of Canada's constitution in 1867. Describing the
constitution as a "living tree," the decision led to a reassessment
of the nature of the constitution itself. After the Persons case,
it could no longer be viewed as fixed and unalterable, but had to
be treated as a document that, in the words of Sankey, was in "a
continuous process of evolution." The Persons Case is a
comprehensive study of this important event, examining the case
itself, the ruling of the Privy Council, and the profound affect
that it had on women's rights and the constitutional history of
Canada.
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