Bronze statue of blindfolded Lady Justice holding the scales on a red background

A novel based on true stories

The Women's Case

Before 1929, Canadian law did not count women as persons. This is the story of the five women who took that question all the way to London, and of the women whose lives showed why it mattered.

About the book

A brilliant woman, a closed door, and the case that opened it

Patricia Kaminsky is an orphan, and she is brilliant. She graduates at the top of her law class at McGill University, yet the Quebec bar refuses to let her practise for one reason: she is a woman. Every career she reaches for is closed to her, and the violence she survived as a girl, at the hands of a member of her own family, still follows her.

Humiliated by Quebec's justice system, Patricia leaves for Alberta to live with Emily Murphy, the first woman police magistrate in the British Empire. Patricia's courage pushes Murphy to aim higher: a seat in the Senate of Canada. Murphy gathers four other women and petitions Ottawa. The government says women are not "qualified persons." The Supreme Court of Canada agrees.

The five women refuse to give up. With lawyer Newton Wesley Rowell, they take their appeal to the Judicial Committee of the Privy Council in London, the highest court of appeal for Canada at the time. On October 18, 1929, the Privy Council reverses the Supreme Court and declares that women are persons, free to hold any public office a man can hold, and that the constitution must not be read narrowly to justify injustice against women.

The Women's Case follows Patricia's journey alongside the real fight known as the Persons Case, a landmark in Canadian legal history.

Based on true stories

The real lives behind the novel

The book draws on true accounts of violence and injustice against women: murder, sexual assault, unsafe factory work, financial abuse and unfair courts. Some passages describe these events directly.

Emergency responders carrying a wounded woman on a stretcher through falling snow in Montreal, December 6, 1989
Montreal, December 6, 1989.

Violence against women

Massacre at the women's shelter

On December 6, 1989, a gunman who said he was "fighting feminism" entered the École Polytechnique de Montréal. In one classroom he separated the women from the men, then opened fire on the women. Fourteen women were killed and many others were wounded before he took his own life. The country was stunned and grieving.

Canada now marks December 6 as the National Day of Remembrance and Action on Violence Against Women.

In the novel, that same kind of hatred reaches a women's shelter, where several women are killed by an enraged husband, a drug dealer hunting the wife who escaped him.

If you are not safe at home In an emergency, call 9-1-1. Women's shelters across Canada offer safe, confidential help. Find one near you at ShelterSafe.ca.
Black and white photo of a barefoot person sitting on the floor, hugging their knees
The effects of sexual assault can last for years.

Sexual violence

Living with the aftermath of assault

As a young orphan, Patricia is raped by a close member of her family. The novel follows what comes after: the depression, the hopelessness, the crying that comes without warning, and the loss of energy for everything she once loved.

Every survivor responds in their own way, and the effects can last for years. Patricia's story asks how a person rebuilds a life when the people meant to protect her failed her.

If you need support In an emergency, call 9-1-1. Local sexual assault centres across Canada offer free, confidential help.
Yellow and orange suicide prevention awareness ribbon with the words Support Suicide Prevention
September 10 is World Suicide Prevention Day.

Financial abuse

Left with nothing

Before laws protected a wife's share of family property, a husband could keep everything a couple built during a marriage. A woman could leave a divorce with empty hands and nowhere to go.

Physical, emotional, sexual and financial abuse all raise the risk of suicide among women, and abuse by a husband remains one of its most significant causes. In the novel, Mrs. Bulging is pushed to that edge. Readers will see how Emily Murphy fought to change the unfair division of property in divorce.

Call or text 9-8-8 If you or someone you know is thinking about suicide, the 9-8-8 Suicide Crisis Helpline is free and open 24 hours a day in Canada and the United States.
Typed 1927 petition to the Governor General in Council asking whether a woman can be appointed to the Senate of Canada, signed by the Famous Five
The petition of August 27, 1927, signed by all five women.

The fight for rights

The petition

Until 1929, women in Canada could not be appointed to the Senate or to many other high offices, and the constitution was read in ways that shut them out.

In 1927, five Alberta women decided to change that: Emily Murphy, Henrietta Muir Edwards, Irene Parlby, Louise McKinney and Nellie McClung. They asked Ottawa a simple constitutional question. Could a woman be appointed to the Senate of Canada?

Five women against a system run entirely by men. The novel shows how they won.

From the archives Emily Murphy's own letters to Ottawa from 1927 and 1928 are reproduced in The Persons Case section below.

The history

The Persons Case, from petition to Privy Council

The real case behind the novel is formally known as Edwards v. Canada (Attorney General), named for Henrietta Muir Edwards, the first name on the petition.

  1. A rule against women

    A British common law ruling holds that women are persons for punishments but not for rights and privileges. Canadian courts and officials follow the same thinking.

  2. Emily Murphy takes the bench

    Murphy becomes the first woman police magistrate in the British Empire. Lawyers challenge her rulings on the grounds that a woman is not a "person" under the law.

  3. The petition is signed

    The five women ask the Governor General to refer their question about women in the Senate to the Supreme Court of Canada.

  4. The Supreme Court says no

    The Supreme Court of Canada rules that women are not "qualified persons" who can be summoned to the Senate.

  5. Women are persons

    The Judicial Committee of the Privy Council in London reverses the Supreme Court. Lord Sankey describes the constitution as a "living tree," able to grow with the country.

  6. The first woman senator

    Cairine Wilson is appointed to the Senate of Canada, the first woman to sit there.

  7. A plaque in Parliament

    Prime Minister W. L. Mackenzie King unveils a plaque honouring the five women in the Senate lobby.

From the archives

Emily Murphy's letters

Murphy pressed Ottawa in writing at every step. When the government reworded the women's question, she wrote back to insist on the original.

Three typed pages of Emily Murphy's letter to the Deputy Minister of Justice dated November 9, 1927, signed by Murphy
November 9, 1927Letter to W. Stuart Edwards, Deputy Minister of Justice, objecting that the question sent to the Supreme Court was not the one the petitioners asked.
Two typed pages of Emily Murphy's letter dated July 26, 1928, requesting an appeal to the Judicial Committee of the Privy Council
July 26, 1928Murphy informs the Deputy Minister that the petitioners are asking for an appeal to the Judicial Committee of the Privy Council.

The people

The Famous Five, their lawyer and the judge

Every one of them appears in the novel.

Portrait of Emily Murphy

The leader

Emily Murphy

Author and Edmonton magistrate who organized the petition and drove the case forward.

Portrait of Henrietta Muir Edwards

The legal mind

Henrietta Muir Edwards

Co-founder of the National Council of Women of Canada and an expert on laws affecting women and children.

Portrait of Irene Parlby

The legislator

Irene Parlby

The first woman cabinet minister in Alberta, appointed in 1921.

Portrait of Louise McKinney

The prohibitionist

Louise McKinney

Temperance leader and, in 1917, one of the first two women elected to a legislature in the British Empire.

Portrait of Nellie McClung seated at a table

The activist

Nellie McClung

Novelist and suffragist who helped win the vote for women in Manitoba in 1916.

In court

Portrait of Newton Wesley Rowell

Lead lawyer

Newton Wesley Rowell

Toronto lawyer who argued the women's appeal in London. He later became Chief Justice of Ontario.

Portrait of Viscount John Sankey in judicial robes and wig

The judge

Viscount John Sankey

Lord Chancellor of Great Britain, who delivered the Privy Council's judgment in the Persons Case.

Prime Minister Mackenzie King with guests in formal dress in front of the Persons Case commemorative plaque, 1938
Ottawa, 1938. Prime Minister W. L. Mackenzie King unveils the plaque honouring the five women. Front, left to right: Mrs. Muir Edwards, daughter-in-law of Henrietta Muir Edwards; Mrs. J. C. Kenwood, daughter of Judge Emily Murphy; Mackenzie King; Nellie McClung. Back: Senators Iva Campbell Fallis and Cairine Wilson.

The author

Jean-Claude Dubuisson

Jean-Claude Dubuisson is a barrister and solicitor with more than 30 years of experience in criminal and family law. He holds a Bachelor of Arts in Political Science and a Bachelor of Laws, practises in both English and French, and has argued cases in provincial and superior courts across Eastern Ontario, from Ottawa to Brockville, Cornwall and L'Orignal.

Decades in the courtroom gave him a close view of how the law can fail people, and how it can be changed. The Women's Case brings that experience to the story of the five women who forced Canada's highest court of appeal to recognize women as persons.

Visit Dubuisson Law Office

Questions

Frequently asked questions

Is The Women's Case a true story?

It is a historical novel. The Persons Case, the Famous Five and the court decisions are real. The novel builds its story around them and draws on true accounts of violence and injustice against women.

What was the Persons Case?

The Persons Case, Edwards v. Canada (Attorney General), asked whether women were "persons" who could be appointed to the Senate of Canada. The Supreme Court of Canada said no in 1928. On October 18, 1929, the Judicial Committee of the Privy Council in London reversed that decision and ruled that women are persons under the law.

Who were the Famous Five?

Emily Murphy, Henrietta Muir Edwards, Irene Parlby, Louise McKinney and Nellie McClung, five Alberta women who signed the 1927 petition that started the Persons Case.

Where can I buy the book?

The Women's Case is available on Amazon.ca in Canada and Amazon.com in the United States.

Available now

Read The Women's Case

The paperback is available on Amazon in Canada and the United States.

Format
Paperback
Pages
518
Published
Language
English
ISBN-13
979-8665264912
Front cover of The Women's Case by Jean-Claude Dubuisson: a bronze statue of Lady Justice on a red background