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category: Law
published: Apr 2008
ISBN:9780802096289

The Persons Case

The Origins and Legacy of the Fight for Legal Personhood

by Robert J. Sharpe & Patricia I. McMahon

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legal history
0 of 5
0 ratings
rated!
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list price: $36.95
edition:Paperback
also available: Paperback Hardcover eBook
category: Law
published: Apr 2008
ISBN:9780802096289
Description

On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it.

Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution."

The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

About the Authors

Robert J. Sharpe

Robert Sharpe was formerly a professor and dean at the Faculty of Law, University of Toronto where he wrote and taught in the areas of constitutional law, remedies, civil procedure, and criminal law. He has appeared as counsel in a number of Charter cases in courts at all levels, including the Supreme Court of Canada. From 1988 to 1990 he served as the Supreme Court of Canada's executive legal officer. Mr. Justice Sharpe was elected a Fellow of the Royal Society of Canada in 1991. He was appointed to the Ontario Court of Justice (General Division) in 1995 and to the Court of Appeal in 1999.
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Patricia I. McMahon

Robert Sharpe was formerly a professor and dean at the Faculty of Law, University of Toronto where he wrote and taught in the areas of constitutional law, remedies, civil procedure, and criminal law. He has appeared as counsel in a number of Charter cases in courts at all levels, including the Supreme Court of Canada. From 1988 to 1990 he served as the Supreme Court of Canada's executive legal officer. Mr. Justice Sharpe was elected a Fellow of the Royal Society of Canada in 1991. He was appointed to the Ontario Court of Justice (General Division) in 1995 and to the Court of Appeal in 1999.
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Awards
  • Winner, John Wesley Dafoe Book Prize
  • Winner, Canadian Law and Society Association Book Prize

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