Privy Council rules women are persons in landmark 1929 decision

On October 18, 1929, the Judicial Committee of the Privy Council ruled that women are “persons” under Section 24 of the British North America Act. This decision overturned a previous ruling by the Supreme Court of Canada and opened the Senate to women.

The legal challenge was led by five women, known as the “Famous Five”: Henrietta Muir Edwards, Nellie McClung, Louise McKinney, Emily Murphy, and Irene Parlby. The group had petitioned the court to clarify whether the term “qualified persons” in the Act included women, as the Governor General had the power to summon such individuals to the Senate.

While the Supreme Court of Canada had previously ruled in 1928 that the Act should be interpreted based on its 1867 understanding—which excluded women—the Privy Council reversed this. Lord Sankey, writing for the panel, stated that the exclusion of women from public office was a “relic of days more barbarous than ours,” affirming that the term “persons” encompasses both men and women.