Search for "Women's Suffrage"

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Women and the Law

Women have looked to the law as a tool to change their circumstances, while at the same time the law is one of the instruments which confirms their dependent status as citizens (see Status of Women). The first phase of the Women's Movement, in proclaiming that women were capable of reason as well as reproduction and nurturing, claimed a place for women in the public sphere, while also relying upon the concept of "separate spheres" to delineate their areas of strength and competence.

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Famous Five

Alberta’s “Famous Five” were petitioners in the groundbreaking Persons Case. The case was brought before the Supreme Court of Canada in 1927. It was decided in 1929 by the Judicial Committee of the Privy Council, Canada’s highest appeals court at the time. The group was led by judge Emily Murphy. It also included  Henrietta EdwardsNellie McClungLouise McKinney and Irene Parlby. Together, the five women had many years of active work in various campaigns for women’s rights dating back to the 1880s and 1890s. They enjoyed a national — and in the case of McClung, an international — reputation among reformers.

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Persons Case

The Persons Case (Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate. The case was initiated by the Famous Five, a group of prominent women activists. In 1928, the Supreme Court of Canada ruled that women were not “persons” according to the British North America Act (now called the Constitution Act, 1867). Therefore, they were ineligible for appointment to the Senate. However, the Judicial Committee of the Privy Council reversed the Court’s decision on 18 October 1929. The Persons Case enabled women to work for change in both the House of Commons and the Senate. It also meant that women could no longer be denied rights based on a narrow interpretation of the law.

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Wartime Elections Act

The Wartime Elections Act of 1917 gave the vote to female relatives of Canadian soldiers serving overseas in the First World War. It also took the vote away from many Canadians who had immigrated from “enemy” countries. The Act was passed by Prime Minister Robert Borden’s Conservative government in an attempt to gain votes in the 1917 election. It ended up costing the Conservatives support among certain groups for years to come. The Act has a contentious legacy. It granted many women the right to vote, but it also legitimized in law many anti-immigrant sentiments.

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Right to Vote in Canada

The term franchise denotes the right to vote in elections for members of Parliament, provincial legislatures and municipal councils. The Canadian franchise dates from the mid-18th-century colonial period. At that time, restrictions effectively limited the right to vote to male property holders. Since then, voting qualifications and the categories of eligible voters have expanded according to jurisdiction. These changes reflect the evolution of Canada’s social values and constitutional requirements.

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Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the law as unconstitutional. Since then, abortion has been legal at any stage in a woman’s pregnancy. Abortion is publicly funded as a medical procedure under the Canada Health Act. (See Health Policy.) However, access to abortion services differs across the country. Despite its legalization, abortion remains one of the most divisive political issues of our time.