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"Women are (Only) Persons in Matters of Pains and Penalties..."

10/18/2020

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Earlier Today Canadian Prime Minister Justin Trudeau issued a press release announcing that, once again this year, today is known as Person's Day. A day set aside annually to remember the famous case of 1929.

It references the... "two year-long battle in the  landmark Persons Case" fought to secure women's full rights to participate in all aspects of life enjoyed by the men of the day. You can read the full  release on net by going to.... www.newswire.ca/news-releases/statement-by-the-prime-minister-for-persons-day-866204573.html


Each year the government produces a logo for Person's Day. This is the 2020 logo and depicts the Famous Five, having a tea perhaps and discussing their battle for recognition as PERSONS.


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The PM missed a great opportunity to note in the release the fact that the day falls within Women's History Month, and giving a few details about that event. Also missed was the chance to talk about the Persons Award and the fact that about 230 of these prestigious awards have been awarded  since 1979.

When first created the award was called the Persons Award... but a few years later  it's name  morphed into what is now the...Governor General's Award in Commemoration of the Persons Case.

I am at a loss why the net does not seem to reveal how many, and who, the 2019 recipients were nor yet who are the recipients for 2020. But the total since 1979's 1st  recipient are probably about 230.

One of these medals is proudly displayed in my home in honour of my late mother, an 1989 recipient.  A likeness of the medal is shown below.

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For about the first decade of the award the suspension ribbon was white, while the current ribbon is shown above. The five figures are not likenesses of the famous five, but images of women just the same.

While the PM's release notes a two year battle for status as a PERSON, the journey for equality was much longer and did not involve all of the famous five in earlier days.

But it sure involved Emily Murphy, one of the five!

That story began a decade  earlier in the Alberta Courtroom of Judge Emily Murphy. And case law in that matter, had to reach back to the mid 1870's.

Murphy was appointed in June 1916, as a  Police Magistrate in Alberta. The appointment was the first for a woman in all of Canada... and indeed apparently in the British Empire. Soon an appointment as a Judge in the Juvenile court in Edmonton would follow. In 1917 the judgeship was extended throughout the province.

Then along came the case of Lizzie Cyr!

Lizzie was charged with passing along a sexually transmitted disease to the alleged victim. She accused him as being the one doing the transmitting. Her downfall was perhaps in her occupation. She was labeled as a vagrant, which, in those days meant a prostitute. She was also labeled as being a HB. (A half/breed)

She was found guilty. But her lawyer argued that the judge had no standing to preside over the case. He dug up a case going back to England and the year 1876. In it's earlier deliberations that court stated that... "Women are persons of pains and penalties but are not  persons in matters of rights and  privileges."

Judge Murphy was no doubt stunned by the response but, as noted above, found the accused guilty and sent her off to jail. The lawyer took the matter to the highest court in the province and lost. It observed that indeed women are persons.

In April 1928 the federal courts hearing the matter overturned the Alberta decision and said once again, that women were NOT persons.

Murphy soon heard that the matter could be taken outside the country and back to England if she could find another four who agreed with her about the merits of the case. At about this time the Famous Five, or Alberta Five as also know, had assembled and decided to take their case to  Britain. 

In those days there was no appeal to the Canadian Supreme Court and matters had to go back to the old county at that point.  Having had several promises from  Prime Ministers Borden, Meighen and finally King that all would look at the issue and try to resolve it, but these came to nothing.

Rather, they supported a new argument that the British North America Act of 1867, while taking about service in the Canadian Senate, made mention of PERSONS. Some sections went on to talk about HE could do this and that... But no mention of any SHE's. So the national argument taken to Britain argued that the BNA needed to be challenged... and it was.

On June 29,  1929 the first of a four day trial took place at London. Three months later... on 18 October 1929. Lord Sankey, Lord Chancellor for Great Britain announced the Privy Council's  decision, shown here in part...



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About 4 months later Cairine Wilson was appointed to the Senate of Canada, the first woman ever so appointed. She was an accomplished activist within the liberal and other circles and also daughter of a former Liberal Senator, and wife of a former Liberal MP. The government of the day was Liberal.

Politics aside, Senator Wilson  did most honorable service in the senate for over 30 years.

Many in the women's movement thought that the logical choice for this first appointment ought to have gone to one of those taking the case to Britain, and favouring Judge Emily Murphy.  But she was a Conservative.

On a closing note, I had planned on bringing  you the last part of Alex's story, but today's took priority.

I shall return on Sunday November 8 with that story.

Hope you will join me then,

Bart

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181 Years Late, but Happy Belated Birthday Alex.

10/7/2020

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On 11 September, almost 4 weeks ago, I had intended to bring you some news on Alex, whom you have hopefully read of in past blogs. But other matters got in the way of that announcement. So his birthday wishes for September 15th...way back in 1833, are given today.

Alex was born in the town of York, so called by Upper Canada's Lt. Governor John Graves Simcoe 40 years earlier.  York being chosen in honor of HRH King George's son Prince Frederick, the Duke of York.

Alex's father John Henry Dunn was clearly one of the elite in the town. He being Upper Canada's Receiver General for 17 years at Alex's birth and serving as such for another 8 years.

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As you can see, I am still having server problems regarding editing photo's. But that aside the above picture shows where  the Dunn's lived in York in 1833. A directory of the time sates that they lived on Lot Street, south side, at the corner of  Peter Street, still in existence today. The lower  image is an enlarged version of the one above.

Within a few blocks, a bricklayer by the name of James lived at # 49 Lot street. Unknown if a relative or not.

Within 6 months of Alex's birth the town took up a  petition, successfully to change the name because there were "too many York's in use." They chose an English spelling of an indigenous name.. thought to mean a "meeting place". They also sought, successfully, to change from the status  of a town into a city. A city called Toronto.

A portion of the document creating the new CITY, and  with the name Toronto, appeared 2 blogs ago in this space.

In youth Alex would walk a few blocks to what may have once been called the College of Upper Canada, but in his day known as Upper Canada College. This was an all boys school, on King Street about 4 blocks West of Young Street. Here he no doubt  started to learn about discipline, along  with the other basics.

In the lower picture you can see the word MILITARY just below where he lived. Though the image is very poor quality, if you look two blocks to the left of the word ... Military, you can see a building and some red colouring. The words above it say it is the COLLEGE.. ie Upper Canada College.

Today you find Clarence Square in this general area. After his mother died, possibly in 1841, Alex and his father moved to England where the youth continued his schooling at the Harrow School in London.

Harrow was yet again another boys school, but it was one of the best in the country. Over the years it claimed educating 8 British or Indian Prime Ministers, including Churchill, many of the most senior politicians, 5 Kings, and other Royal Family members,  3 Nobel Prize winners, 20 Victoria Cross recipients and even one George  Cross recipient.

After his formal schooling Alex did what so many from the  17th to 19th century. He bought a commission in the military. For the sum of about 1200 pounds be bought his ranks as a lieutenant in the Cavalry, and started service with the  British Cavalry's 11th Hussars.

Buying a commission meant an immediate promotion to officer level, one that normal took considerable time, merit and experience in the lower ranks. By paying a sum of money, you were promising,  on penalty of loss of the substatial amounts, to perform with due merit, integrity and bravery. Failing  same you got the boot and they kept the money. Good service also meant a large sum waiting for you after your military days were done, and  military pay stopped.

Very soon Alex.... or now Lt Alex... or more well known... Lt. Alexander Roberts Dunn would find himself caught up in the Crimean War.

But I will tell you all about that on Sunday October 18th.

Hope you will join me then.
Bart

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Kay Armstrong, Kathy Blazkow and Lyn Gough. Three Names you Probably Have Never Heard Before. How Tragic!

10/3/2020

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This blog will bring you the important story  of Alex. While very briefly noted in the last blog, and not for the first time in this space, its continuation appears today.

But first I feel a need, also not for the first time in this space, to remind you of the above three great Canadian women  during this month. It being Women's History Month in Canada. An important event that was first mentioned here in early 2013, and numerous times since.

It was close to 30 years ago that the three above Greater Victoria BC women joined forces. Their goal being to create a week  in BC to celebrate the incredible work that had been done by women over the years in bettering  our country. This soon evolved into a formal committee, the celebration being expanded into a full month, and being National rather than Provincial.

For over a year in late 1990, throughout 1991 and early into 1992 the Victoria committee advanced their noble cause. Lyn served as the Chair, Cathy as  Honourary Treasurer and my mother Kay as Honourary Patron. They wrote many, many, many letters and carried out other activities to request support from women's groups, law-makers and bureaucrats with a request to write Ottawa noting their support for the creation of the much needed monthly celebration.

On  9 March 1992, International Women's Day, the Honorable Mary Collins, then federal Minister Responsible for the Status of Women issued a press release. She  acknowledged that women across Canada  had called for, and the government had agreed that it was  most appropriate that such a month be created.

The release, and others to follow, failed to mention the names of the three above mentioned woman. Never-the-less, the release told all that October of that year and each from then on would be celebrated as Women's History Month in Canada. (Americans celebrate such a month in March.)

As suggested by the original committee of three, the government also announced that October was chose for a reason.

It was in that month back in 1929 that the famous Person's Case was decided. That case was argued for years by the Famous Five, Nellie McClung, Henrietta Muir Edwards,  Louise McKinney, Irene Parlby and  Emily Murphy.

The 1929 decision acknowledged that the men of the day, and more particularly... the lawmakers of the day, and the courts had been denying  women the right to sit as a member of the Canadian Senate for decades.  (A case much covered here in earlier blogs.) The case hinged on the wording of the BNA Act which noted that persons could be allowed to sit on the Canadian Senate. But the men argued for decades that women where NOT PERSONS.

The decision became known as the famous PERSONS  CASE  and overturned the ridiculous arguments once and for all.

As the Canadian society, and most others throughout the world have progressed over the years, much of this work had been done by the women of the day. Slowly they have been extended so many of the rights that the men of the day have taken for granted. 

We still have work to do, And we need to remember those whose shoulders we now stand on, those like the above eight women noted.

Surely the least we can do is remember their names and give them the credits due when occasions like Women's History Month arrive each year.

But go find Kay's, Cathy's and Lyn's names together anywhere in the Canadian press this week!

Shameful!

 

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I planned on sharing the Alex story today, but on reflection, I now feel that the today's blog should not be distracted  by the addition of a 2nd story.

I will return  on Wednesday with Alex's story.

Bart

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    Author;
    Bart Armstrong, C.D.,
    Recipient, Sovereign's Medal for Volunteers 

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