Activist proving that women are 'persons': Who is Emily Murphy?

Let's take a look at the life of activist Emily Murphy as Canada's first female judge in history and who went through a tough fight to prove that women are 'persons'.

By Jane Dickens Published on 30 Mayıs 2023 : 04:03.
Activist proving that women are 'persons': Who is Emily Murphy?

Her full name is Emily Gowan Ferguson, she was born on March 14, 1868, in Cookstown, Ontario. She was born the third child of her father, a successful businessman and proprietor Isaac Ferguson, and her mother, Emily Gowan. Emily has two older brothers, Thomas and Gowan, and as a child she often joined her brothers in their adventures. This behavior was encouraged by her father, and he often made sure that his sons and daughters shared responsibilities equally.

Murphy and her older brothers grew up under the influence of her maternal grandfather, a politician, and two uncles, a Supreme Court justice and a senator. For this reason, her brother also became a lawyer and another member of the Supreme Court. Another uncle was a congressman named Thomas Roberts Ferguson. Additionally, she was related to James Robert Gowan, a lawyer, judge, and senator.

Murphy was fortunate by her parents, who supported their daughters to receive a formal academic education. Her parents enrolled Murphy in the Bishop Strachan School, a private Anglican private school for girls in Toronto. Murphy met Arthur Murphy, who was 11 years older than her, through a friend. The couple married in 1887 and had four daughters, Madeleine, Evelyn, Doris, and Kathleen. After the couple's daughter, Doris, passed away, the family decided to try a new medium. 

While her husband Arthur was working as an Anglican priest, Murphy also explored her new surroundings. She also became more and more aware of the poverty that existed. At the age of 40, Murphy wanted to work in different fields. So she began actively organizing women's groups where isolated housewives could meet and discuss ideas and plan group projects. Additionally, Murphy began to speak openly and openly about the disadvantaged and poor living conditions surrounding. 

Murphy's desire for the rights and protection of women and children increased when she became aware of the unfair situation experienced by an Alberta woman who was sold to the family farm by her husband. The woman's husband later left her wife and children, left homeless and penniless. And at that time, property laws did not leave women any legal and legal recourse.

This lawsuit led Murphy to create a campaign that guaranteed married women's property rights. With the support of rural women, Murphy continued as she pressured the Alberta government to allow women to retain the rights to their. In 1916, Murphy had the Alberta legislature pass the "Dower Act" that would allow a woman legal rights over one-third of her husband's property. Murphy's reputation as a women's rights activist began with this first political victory.

Murphy's success in her struggle, her work, and her growing awareness of women's rights supported her request for a female magistrate in the women's court. In 1916, Murphy, along with a group of women, began observing the trial of women labeled as prostitutes and arrested for "questionable" circumstances. An unacceptable situation arose for Murphy when the women were asked to leave the courtroom. Then she protested to the state Attorney General, she.

Murphy's request as a female magistrate was granted. Thus she became the first female police judge in the British Empire, she. However, her appointment as a judge was the cause of her biggest problem with women in the law. On July 1, 1916, Murphy found the prisoner guilty in her first trial in Alberta, and the prisoner's attorney questioned Murphy's right to sentence because she was not legally a person.

In 1917, she led the fight for women to be declared "persons" in Canada, as well as for the consequent eligibility to serve in the Senate.  The legal barrier to women's suffrage and the appointment of women to the Senate, at least in British Canada, was the last position in Canadian political affairs where women were not legally equal to men.

In 1919, Murphy spearheaded the inaugural conference of the "Federated Women's Institutes of Canada" which passed a resolution calling for the appointment of a female senator. Subsequently, the different organizations and the clubs also supported her decision, choosing Murphy as their preferred candidate.

Asking for clarification on how women are considered in BNA law and how to become Senator, Murphy began work on a plan and enlisted the help of four other Albert women. On August 27, 1927, Murphy and human rights activist Nellie McClung, Louise McKinney, women's rights activist and writer Henrietta Edwards, and Alberta cabinet minister Irene Parlby signed a petition asking the federal government to refer the matter to the Supreme Court of Canada.

The subject became known as "The Case of the Persons". It then reached the Supreme Court of Canada, which was dismissed. Murphy and four other female supporters appealed to the Privy Council Judiciary Committee in England. On October 18, 1929, she declared that 'persons' should be interpreted to include both men and women, she. Thus, women were entitled to serve in the Senate. Despite this decision, Murphy never served in the Senate. The reason is that the first seat opened was in Quebec and Murphy lived in Alberta. Although she tried her luck again in the following years, Murphy died in 1933 before fulfilling her dream of sitting in Canada's upper house.

The five appellants in "One's Case" were known as the "Famous Five". They have also challenged the future and set an important precedent in Canadian history, as well as being seen as leaders in social reform and women's rights education. Along with the "Famous Five," Murphy was featured on the back of one of the Canadian $50 bills issued in 2004 as part of the Canadian Journey Series.

Although Murphy's views on race changed throughout her life, the perspective in his book "The Black Candle" was considered the most important. The book touched on the worrisome issue of drug use in Canada, detailing Murphy's understanding of the use and effects of "marijuana", a "new threat" alongside opium, cocaine and drugs. Today's drug laws are presumed to be built on the racist foundations laid by Murphy.

Emily Murphy's home from 1919 until her death in 1933 is on the Canadian Register of Historic People and Places in Edmonton, Alberta. Her home is currently located on the University of Alberta campus and is home to Student Legal Services. She was declared a "Person of National Historic Significance" by the Canadian government in 1958. To commemorate this, a plaque has been placed in the park on "Emily Murphy Park Road" in Edmonton.