THE WOMEN'S CASE

The Women's case a novel written by Jean-Claude Dubuisson. Also known as The "Persons" Case, The Women's Case was a landmark decision from the Judicial Committee of the Imperial Privy Council in more than one aspect.

 
 

BOOK SUMMARY


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The Women's Case, also known as The "Persons" Case, was a landmark decision from the Judicial Committee of the Imperial Privy Council in more than one aspect. First of all, it establishes that Women were qualified persons therefore they could occupy any high ranking position in Canada as any other man and second of all, the constitution should not be interpreted as a narrow tool to justify injustice against women. In the past, there was an understanding based on a British Common Law ruling of 1876 which declared that, "women were eligible for pains and penalties, but not rights and privileges." A young woman who has been through terrible hardship in her life, as the understanding based on the British Common Law ruling of 1876 which declared that, "women were eligible for pains and penalties, but not rights and privileges." she has been the fruit of that curse.

Her name was Patricia Kaminsky and she was brilliant. Because she was an orphan and a woman, she was barred in every single field of career that she chose to go in her life. She went to University of Mc Gill, and she was the top student in Law School, but the Quebec bar would not let her practice law because she was a woman. Therefore, she was "eligible for pains and penalties, but not rights and privileges." After being humiliated by the Judicial system in Quebec, she went to Alberta to live with Emily Murphy. While she was in Alberta, she inspired Emily Murphy the first woman judge in Canada, to become the first woman senator in Canada. Emily Murphy recruited four other women to petition to the minister about becoming a woman senator. The minister ruled against them on the basis that she was a woman therefore she was not a qualified person. Then the matter went to the Supreme Court of Canada who also ruled against them on that same basis that women were not qualified persons.

After so many deceptions, Emily Murphy and the four women did not give up. With the assistance of a brilliant lawyer, Mr. Rowel and his team of attorneys they went all the way to England to appeal the Canadian Supreme Court decision before the Judicial Committee of the Imperial Privy Council. At that time the Judicial Committee of the Imperial Privy Council was the court of higher power and the last remedy for Canada within the British Empire and Commonwealth.The Judicial Committee of the Imperial Privy Council, in their landmark decision, reversed the Canadian Supreme Court's judgment and proclaimed that women were qualified persons therefore they could occupy any high ranking position in Canada as any other man. Since that time, the presumption that "women were eligible for pains and penalties, but not rights and privileges" , became obsolete because women were finally qualified persons in the eyes of the law.

 

MASSACRE AT THE WOMEN SHELTER

VIOLENCE AGAINST WOMEN


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The Women’s Case is based on true stories such as:
Violence against women with the killing of young women by Marc Lépine at the École Polytechnique de Montréal on December 06, 1989.

On December 06, 1989, Marc Lepine made history in Canada by slaughtering over 14 females students at the École Polytechnique de Montréal. He claimed he was fighting feminism. After moving to a classroom, he divided the male and the female students. With no warning, he pulled his rifle then, he gunned down only female students. After killing more than 14 female students and wounded that many, he took his own life away as well with the same rifle. Since that massacre of December 06, 1999, every year the government celebrates that day as “National Day of Remembrance and Action on Violence Against Women.”

It was the biggest massacre in Canadian history. Canadians across the country were stunned, appalled, saddened and angry.

Like the young women who have been killed by Marc Lepine, the Women’s Case portrayed ruthless violence against women of domestic violence, at a woman shelter where several of them were slaughtered by an angry spouse who happens to be a drug dealer.

 

THE CONSEQUENCES OF BEING RAPED


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The Women’s Case is based on true stories such as:
Violence against women with the raping of young women.

Patricia a young orphan girl has been raped by a close member of the family.
As a result of the sexual assault and the rape, Patricia, the victim, put up with extremely difficult and painful emotions and experiences. Every victim responds to painful events in their own way. The effects of the suffering can be short-term or last long after the sexual assault or rape.

Depression, feelings of hopelessness, unexplained crying, and loss of energy or interest in activities previously enjoyed.
Patricia went through all of that. It will be interesting to see how she survives that situation.

 

A WOMAN TRIED TO COMMIT SUICIDE


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The Women’s Case is based on true stories such as:
Financial abuse against women. Before the legislator enacted law to protect women from being excluded in the division of their matrimonial properties during a divorce, the husband could take away all the savings and properties the couple may acquire during a marriage. Therefore, a woman would be on the street with empty hands.

Womanhood adversities including physical, emotional, sexual and financial abuse lead to substantially higher risk for suicide. Wife abuse is one of the most significant precipitants of female suicide. Research suggests that if a woman's support group does not defend her when she is the victim of violence that passes the bounds of normative behavior, her suicide may be revenge suicide, intended to force others to take vengeance on the abusive husband. Abused, shamed, and powerless wives take their own lives to shift the burden of humiliation from themselves to their tormentors. Data from a number of societies indicate that wife abuse remains one of the most important precipitants of female suicide and suicide attempts.

The Women’s Case depicts Mrs. Bulging who went through that horrible situation and you should found out how Mrs. Emily Murphy fought to change that inequality during a divorce between the couple.

 

THE PETITION


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The Women’s Case is based on true stories such as:
Before October 18, 1928, Canadian Laws did not recognize women as being persons. In the past, there was an understanding based on a British Common Law ruling of 1876 which declared that, "women were eligible for pains and penalties, but not rights and privileges."

Women could not occupy any high ranking position in Canada as any other man and second of all, the constitution was being interpreted as a narrow tool to justify injustice against women.
Only five Canadian women who wanted to change the quality of women’s life, petitioned to the government to change the law so they could be recognize as persons and occupy any high ranking position in Canada.

Emily Murphy, Henrietta Muir Edwards, Irene Parlby, Louise McKinney and Nellie McClung, brought a Petition to the government to change the status of women in this country. The question was: could these five women alone cracked down such a powerful system where only men were the decisions maker.

Woman shot in 1989 Montreal Massacre
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WOMEN FINALLY BECOME PERSONS


Rt. Hon. W.L. Mackenzie King and guests unveiling a plaque commemorating the five Alberta women whose efforts resulted in the Persons Case, which established the rights of women to hold public office in Canada (Ottawa, Ontario) [Front, L-R]: Mrs. Mu…

Rt. Hon. W.L. Mackenzie King and guests unveiling a plaque commemorating the five Alberta women whose efforts resulted in the Persons Case, which established the rights of women to hold public office in Canada (Ottawa, Ontario) [Front, L-R]: Mrs. Muir Edwards, daughter-in-law of Henrietta Muir Edwards; Mrs. J.C. Kenwood, daughter of Judge Emily Murphy; Hon. W.L. Mackenzie King; Mrs. Nellie McClung. [Rear, L-R]: Senators Iva Campbell Fallis, Cairine Wilson

Finally, the Women’s Case is based on true stories of violence against women such as:
Massacre, murder, raped, sexual assault, inhuman working condition at factories, financial abuse, injustice in court.

After so many deceptions, Emily Murphy and the four women did not give up. With the assistance of a brilliant lawyer, Mr. Rowel and his team of attorneys they went all the way to England to appeal the Canadian Supreme Court decision before the Judicial Committee of the Imperial Privy Council. At that time the Judicial Committee of the Imperial Privy Council was the court of higher power and the last remedy for Canada within the British Empire and Commonwealth.

The Judicial Committee of the Imperial Privy Council, in their landmark decision, reversed the Canadian Supreme Court's judgment and proclaimed that women were qualified persons therefore they could occupy any high ranking position in Canada as any other man. Since that time, the presumption that "women were eligible for pains and penalties, but not rights and privileges", became obsolete because women were finally qualified persons in the eyes of the law.

THE FAMOUS FIVE, THEIR LAWYER AND THE JUDGE.


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Emily Murphy

The Leader

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Henrietta Muir Edwards

The Legal Mind

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Irene Parlby

The legislator

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Louise McKinney

The Prohibitionist

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Nellie McClung

The Activist

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Newton Wesley Rowell

The Lead Lawyer

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Viscount John Sankey

The Chief Justice

 

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