Jean Scott

Prior to 1929, women in Canada were not considered ‘persons’ – at least not in the fullest legal sense of the word.

Section 24 of the British North America Act (at that time, Canada’s constitution, the source of its highest laws) said that only ‘qualified persons’ could be appointed to the Canadian Senate. The Canadian government had consistently interpreted this phrase as meaning men only.

Naturally, suffragists like Emily Murphy were outraged. This interpretation suggested women were not ‘qualified persons’. Determined and ready to fight, Emily found a way. She discovered a little known provision in the Supreme Court of Canada Act that said any five persons acting as a unit could petition the Supreme Court for an interpretation of any part of the constitution. So on a fine summer’s day on August 27, 1927 she invited four of the brightest and most determined women activists she knew to her Edmonton home. On Emily’s veranda, the Famous 5 signed a letter petitioning the Supreme Court to look into the matter of whether the government could appoint a female senator.

The matter quickly became known as the ‘Persons’ Case. It was debated on March 14, 1928, with the Supreme Court eventually ruling that women were not “qualified persons” as it related to Section 24 of the BNA act.

The Famous 5, however, were not daunted. At the time, there was one authority even higher than the Supreme Court of Canada: The Privy Council in England. So they petitioned the Privy Council to rule on the matter. On October 18, 1929, Lord Sankey arrived to a packed courtroom in London to read the Privy Council’s judgement. To the relief and joy of the Famous 5 and women across Canada, the Privy Council said that yes, women were indeed persons and could become Senators.

From the Famous Five Foundation http://www.famous5.ca/index.php/the-famous-5-women/the-persons-case/

The Governor General's Awards in Commemoration of the Persons Case were created in 1979 to mark the 50th anniversary of the groundbreaking Persons Case, which changed the course of history for women in Canada. Every year five women are given a medal in recognition of their work on behalf of women. In 1990 Jean Scott from Chilliwack, BC won the award. Always a forerunner, Jean Scott has spoken out for women's rights, especially the rights of female wage-earners, both in her job as a labour negotiator, and as a member of many women's groups. She has also worked with others to establish women’s shelters.  One in Hope, British Columbia bears her name. 

When I arrived in Chilliwack the 96 year old Jean was the motivating force for a gathering of remembrance in Chilliwack on the anniversary of the massacre of 14 women at the Ecole Polytechnique in Montreal. For Jean it was important to remember and take action to protect human dignity and life.

Jean always fought for the rights of others. She worked not only on behalf of women, but also on behalf of men. She was a strong supporter of the union movement and anything that benefited the ordinary person.

Tomorrow there is a memorial service for Jean.  We will remember the contribution this amazing woman made to life. We will remember that life is not just what you get out of it, but what you give to make life better for others. We will remember an amazing woman whose spirit was strong and whose mind was sharp for the almost 103 years that she lived among us.