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Record W2084787621 · doi:10.3828/bjcs.19.2.10

Women in Public Life: The Canadian Persons Case of 1929

2006· article· en· W2084787621 on OpenAlexaboutno aff
Vivien Hughes

Bibliographic record

VenueBritish Journal of Canadian Studies · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicCanadian Identity and History
Canadian institutionsnot available
Fundersnot available
KeywordsPublic lifeHistoryGerontologyGenealogyPolitical scienceMedicineLawPolitics

Abstract

fetched live from OpenAlex

On 18 October 2000, a monument to five Canadian women was unveiled on Parliament Hill in Ottawa. The five larger than life bronze figures were the first statues of women other than Queen Victoria and Queen Elizabeth II ever to be placed within the precincts of the Parliament of Canada. The five women were honoured with a place at the centre of the Canadian state because they had won the right for women to be appointed to the Canadian Senate. After their success in winning the federal vote in 1918 and the election of the first woman Member of Parliament in 1921, the death of an Alberta senator revived Alberta women's militancy, and together with women across Canada they campaigned to have women appointed to the upper house of the Canadian Parliament. But the federal government said that women could not be appointed to the Senate because they were not 'qualified persons' under the Canadian constitution. The federal government promised action to change the constitution to enable women to be appointed, but they dragged their feet, so Judge Emily Murphy of Alberta decided to take the legal route. This went all the way to the Judicial Committee of the Privy Council in London who overruled the Supreme Court of Canada and pronounced on 18 October 1929 that women were persons and were eligible for appointment to the Canadian Senate.1 The Privy Council ruling was historically important and far-reaching beyond the point at issue. It has been described as 'the event that marked formal sexual emancipation' (Sachs and Wilson 1978: 40). The legal effect of the ruling was restricted to an interpretation of the Canadian constitution and would be binding only in Canada. However, the arguments put forward by the Attorney-General of Canada against the appointment of women to the Senate covered in detail the reasons going back to Roman times why women were not considered to be persons and were under a legal incapacity to hold public office. The Judicial Committee overruled all those arguments, and declared for the first time in history that women were legally persons. Because Canadian law was based in English common law, the pronouncement by the Judicial Committee, which was then the highest court of appeal in the Empire, would have persuasive authority wherever English common law held sway. The case was symbolically important in establishing women's constitutional right to participate in all levels of government in both Canada and the UK. Before the Privy Council ruling in 1929, women were defined in English common law as 'persons in matters of pains and penalties, but not in matters of rights and privileges' (Benoit 2000: 2). In other words, women were persons when it came to paying taxes and being punished, but notwithstanding advances that had been made in women's status in the late nineteenth and early twentieth centuries, judges and legislators could still declare that women were not persons for the purpose of having the right to participate in public and professional life. The Privy Council ruling meant that after centuries of exclusion, women could be admitted in their own right to the hallowed corridors of power. The monument of the Famous Five, as the five women are known, is a public symbol at the political centre of the Canadian state which recognises that women belong in the public sphere. In this article, I will describe the Persons Case,2 as it is known, and how it helps us to better understand the nature and depth of male resistance to admitting women as equals in the sphere of public life, resistance which women still encounter overtly and covertly today. The Persons Case was the vindication of a sixty-year battle which had begun in Britain in the 1860s, and during which women in Britain and in Canada had sought - in vain - for a determination by the courts that they were entitled to participate in public life, from which they had consistently been debarred simply because they were women, even though they otherwise had all the necessary qualifications. …

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.112
Threshold uncertainty score0.815

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.006
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.005
Science and technology studies0.0850.015
Scholarly communication0.0100.003
Open science0.0040.007
Research integrity0.0170.022
Insufficient payload (model declined to judge)0.0150.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.033
GPT teacher head0.243
Teacher spread0.210 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2006
Admission routes1
Has abstractyes

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Same venueBritish Journal of Canadian StudiesSame topicCanadian Identity and HistoryFrench-language works237,207