The Persons' Case, 1928 (Single Lesson)

Letter 2 - Letter from Emily Murphy to the Deputy Minister of Justice, July 26, 1928.

Source:
Letter from Emily Murphy to the Deputy Minister of Justice, July 26 1928.


Ref.:
National Archives of Canada
RG 13, vol. 2524, file C1044


Author:
Emily Murphy, July 1928


Subject:
Emily Murphy wrote to the Deputy Minister of Justice of Canada, sending a new petition from the Famous 5. She believes that the Supreme Court's earlier negative ruling commented on the meaning of the word 'qualified' and did not properly address the petitioner's question (as initially presented in the petition of August 27, 1927) dealing with the appointment of females to the Senate.


Questions:


1) Based on what the letter describes, what has happened to the original petition of the Famous Five? What do you think the perspective is of the women involved in this petition? Why?


2) Why might the Supreme Court of Canada have ruled against the Famous Five's petition for women to be confirmed as 'persons' under the British North American Act? Why is legal change often resisted by those with power and influence?


3) Examine the legal arguments made by Emily Murphy. What evidence and logic does she use to make her points?


 

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