Statement from Minister McPhee on the recognition of Persons Day

Minister of Justice Tracy-Anne McPhee has issued the following statement:

“Persons Day is recognized across Canada on October 18. It marks a historic decision, made in 1929, to include women in the legal definition of ‘persons’.

“During this women’s history month, it is essential that we remember the courageous and groundbreaking vision of the “Famous Five.”  These activists and community leaders from Alberta challenged the Supreme Court of Canada’s interpretation that women were not persons and therefore could not be appointed as senators. This of course seemed absurd to the Famous Five: Emily Murphy, Nellie McClung, Louise McKinney, Irene Parlby and Henrietta Muir Edwards, each a true leader in their own right.

“The Famous Five questioned the definition of ‘person’ in the Act and whether that definition included women. After five weeks of debate, the Supreme Court determined that the definition in the Act did exclude women. The Famous five then took the case to the Judicial Committee of the Privy Council of Great Britain in London, Canada’s highest court of appeal at the time. Then on October 18, 1929, the narrow definition of ‘person’ was finally changed.

"The Privy Council said, yes, women were indeed persons and could become senators. Lord Sankey took things one step further, saying, 'The exclusion of women from all public offices is a relic of days more barbarous than ours.'

“While the Persons case was the beginning, it was not the end. It was but one step in the right direction and a milestone in the fight for equality that continues almost 100 years later. The decision did not impact laws that were discriminatory towards Indigenous women, women of colour, those with disabilities or incarcerated women. It took decades more for women of all diversity to gain the right to vote and inexplicably federal election laws excluded First Nation women from being able to vote until 1960.

“On Persons Day, we honour the bravery and determination of the Famous Five whose landmark case helped pave the way for women to participate equally in all aspects of life in Canada. We also honour all those whose work, in the years since, has expanded and strengthened those rights and worked to entrench them in our law and society.

“Persons Day serves a dual role of celebrating early successes and reminds us that we must be vigilant in the face of those who would see those rights restrained or removed.

“Today we proudly acknowledge the women who lead across our territory and celebrate their vision as they achieve their goals and uplift our communities. I encourage all Yukoners to reflect on the history of gender equality in our territory and consider how we can continue to build a future where every Yukoner can thrive regardless of gender, race, sexual orientation or expression.”