A novel based on true stories

TheWomen’sCase

In 1928, the Supreme Court of Canada ruled that women were not “persons.” Patricia Stewart had been hearing that verdict all her life.

Bronze statue of blindfolded Lady Justice holding her scales and sword

About the book

Sold at sixteen. First in her law class. Still not a person.

When a gunman storms an Ottawa women’s shelter in 1996 and kills her daughter, an elderly widow, Ruth Bélanger, agrees to speak with a young reporter. She does not want to talk about the shooting. She wants to tell him about her mother.

Her mother was Patricia Stewart. Orphaned as a girl, she was sold into marriage at sixteen by an uncle desperate to save his failing business. She learned early what the law thought of women. She fought her way to McGill University and graduated first in her law class, only to hear a Quebec judge rule that no woman could be admitted to the Bar.

In Edmonton she finds a husband, a daughter and a fierce ally in Judge Emily Murphy, the first woman magistrate in the British Empire. While five Alberta women carry one question all the way to the Privy Council in London, is a woman a person?, Patricia uses the law she is not allowed to practise to help the women who come to her door. And across town, in a clothing factory, women are being cheated, abused and broken, and Patricia cannot look away.

Written by an Ottawa criminal defence lawyer, The Women’s Case is a sweeping novel of courage, faith and the price of justice, inspired by the real Persons Case of 1929.

The novel in seven parts

  1. 1996OttawaA shooting at a women’s shelter, and a widow ready to talk.
  2. 1910TorontoAn uncle in debt, a ball and a forced engagement.
  3. 1911MontrealMcGill, a gold medal and the Bar of Quebec.
  4. 1898EmilyHow Emily Murphy became a judge.
  5. 1919EdmontonMarriage, a daughter and cases of her own.
  6. 1927The Persons CaseA petition, Ottawa, a strike and London.
  7. 1996OttawaWhat the reporter takes away.

Read an excerpt

The Judgment

Montreal, September 1919. Patricia has graduated first in her class at McGill, and the Montreal Women’s Club has taken the Bar of Quebec to court on her behalf. The courtroom is full of women. Mr. Justice Saint-Pierre is reading his decision.

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“I hold that to admit a woman as an advocate, that is, as one who pleads before judges and juries in open court, would be nothing short of a breach of public order and a violation of good morals and public decency. Let us imagine, for a moment, a woman appearing as counsel in a trial for rape, obliged to ask the complainant the questions that are absolutely necessary to prove the acts that make up the crime. No woman with the slightest sense of decency could do so without tarnishing her own dignity and bringing contempt upon the honor due to her sex.”

A murmur ran through the gallery. Patricia sat very still. She thought of her uncle’s bedroom door. She thought of the corridor outside Professor Leblanc’s office. And she thought that if any woman in this province ever had the misfortune to stand in a courtroom and tell a room full of men what had been done to her, she might be grateful to see another woman standing beside her.

“For all these reasons, the petition is dismissed with costs. The evidence before me shows that the petitioner is a young woman of good moral character and considerable ability. After what I have said, she will no doubt understand that her ambition should be directed toward a field of work more suited to her sex, where her excellent conduct and her talents will surely bring her success.”

Behind Patricia, someone’s umbrella fell to the floor with a clatter, and nobody picked it up. In the front row, a woman in a gray hat had torn her program into small, neat squares without seeming to know it. The judge looked up at the gallery once, at all those faces, and then he gathered his papers, rose and left the bench without another word.

Mrs. Scott reached over and took Patricia’s hand. Patricia noticed, as if from a great distance, that her own hand was perfectly steady and that Mrs. Scott’s was shaking. Mr. Jacob sat with his head bowed and his hands flat on the table in front of him, and for a long while he did not move them.

“A field of work more suited to her sex,” Patricia said at last, very quietly. “He means typing, Mrs. Scott. I’ve done that. I did it for five years to pay for this.”

From Chapter 24

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, financial abuse, unsafe and abusive factory work, and courts that would not listen. 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

When hatred targets women

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.

Canada now marks December 6 as the National Day of Remembrance and Action on Violence Against Women. The novel is dedicated in part to the fourteen.

The book opens in 1996 with a shooting at an Ottawa women’s shelter, where cuts to funding have left the doors unguarded and a woman’s violent former partner walks in.

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

At sixteen, Patricia is raped by the uncle who raised her, and then married off to a man nearly four times her age. She tells no one for years. Later a professor at McGill tries to assault her, and she fights him off.

The novel follows what comes after: the shame that is not hers, the silence, and the slow work of building a life when the people meant to protect her failed her. It also shows what changes when someone finally believes her.

If you need support In an emergency, call 9-1-1. 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

In early Alberta, a farm belonged to the husband, even when the wife had paid for it and worked it with her own hands for twenty years. He could sell it out from under her and leave her with nothing.

In the novel, Mrs. Boulding loses her son, her marriage and her farm, and is pushed to the edge of taking her own life. Emily Murphy takes up her cause, and readers follow the real campaign that produced Alberta’s Married Women’s Home Protection Act of 1915 and its Dower Act of 1917. Years later, Patricia uses that same law to save another woman’s homestead.

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.
The pay figures Patricia takes to a newspaper editor in the novel.

Working women

The women on the factory floor

In the 1920s, women in Canada’s garment factories were paid by the piece, fined for being late or talking, and paid a fraction of what men earned. Many had no sick leave, no insurance and no compensation when they were hurt. Some were harassed by the foremen who decided their pay.

In the novel, a single mother named Nancy breaks her back carrying a hundred-pound box up the factory stairs, and the company says the law does not cover her. Patricia organizes the women into a union called the Proud Women and leads them out on strike. It is the most dangerous thing she ever does.

The factory and the strike are invented. The conditions are drawn from what women really faced.

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, and the constitution was read in ways that shut them out of public life.

In 1927, five Alberta women decided to change that: Emily Murphy, Henrietta Muir Edwards, Irene Parlby, Louise McKinney and Nellie McClung. On August 27 they signed a petition on Emily Murphy’s veranda in Edmonton asking a simple constitutional question. Does the word “persons” include women?

Five women against a system run entirely by men. The novel puts the reader in the room as 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

    An English common law ruling holds that women are persons for punishments but not for rights and privileges. Courts across the Empire follow the same thinking for decades.

  2. The Bar of Quebec says no

    Annie Langstaff, the first woman to earn a law degree from McGill, is refused by the Bar of Quebec. Mr. Justice Saint-Pierre rules against her, and she loses on appeal.

  3. Emily Murphy takes the bench

    Murphy becomes police magistrate in Edmonton, the first woman magistrate in the British Empire. A lawyer in her court challenges her right to sit because a woman is not a “person.”

  4. The Dower Act

    After years of campaigning by Murphy and others, Alberta gives a wife the right to stop her husband from selling the family home without her consent.

  5. The petition is signed

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

  6. The Supreme Court says no

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

  7. Women are persons

    The Judicial Committee of the Privy Council in London reverses the Supreme Court. Lord Sankey calls the exclusion of women “a relic of days more barbarous than ours” and describes the constitution as “a living tree capable of growth and expansion within its natural limits.”

  8. The first woman senator

    Cairine Wilson is appointed to the Senate of Canada. Emily Murphy, despite years of petitions on her behalf, is never appointed.

  9. A plaque in Parliament

    Prime Minister W. L. Mackenzie King unveils a plaque honouring the five women in the Senate lobby. Canadians still mark October 18 as Persons Day.

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 of the “Janey Canuck” books 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. She was 78 when she signed.

Portrait of Irene Parlby

The legislator

Irene Parlby

Leader of the United Farm Women of Alberta and, in 1921, the province’s first woman cabinet minister.

Portrait of Louise McKinney

The pioneer

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 whose mock Women’s Parliament 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 in July 1929. 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 was born in Haiti, where his first languages were Creole and French. He earned a Bachelor of Arts in Political Science from the University of Alberta and a Bachelor of Laws from the University of Ottawa, and he was called to the Ontario Bar in 1994.

He began writing The Women’s Case in law school, more than thirty years ago, as a way to sharpen his English for the legal writing ahead of him. He came back to it a little at a time over the years and finished it during the pandemic.

He practises criminal law in Ottawa at the trial and appeal levels and has appeared before every level of court in Ontario. Decades in the courtroom gave him a close view of how the law can fail people, and how it can be changed.

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Born
Haiti
Education
B.A., University of Alberta, 1988
LL.B., University of Ottawa, 1991
Called to the Bar
Ontario, 1994
Practice
Criminal defence, Ottawa
Languages
English, French, Haitian Creole

Questions

Frequently asked questions

Is The Women’s Case a true story?

It is a historical novel. The Persons Case, the Famous Five, Newton Rowell, Lord Sankey and the court decisions are real. Patricia Stewart Kaminski and her family are fictional, and the book ends with an author’s historical note that explains what is real and what is invented.

Was Patricia Stewart a real person?

No. Patricia is invented, and so are her law degree and her case before Justice Saint-Pierre in 1919. Her story follows what real women faced. Annie Langstaff, the first woman to earn a law degree from McGill, really was refused by the Bar of Quebec, and Mr. Justice Saint-Pierre ruled against her in 1915. The second woman to graduate in law from McGill was Florence Seymour Bell, in 1920.

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 on April 24, 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.

Does the book contain difficult scenes?

Yes. The novel deals with sexual assault, domestic violence, a mass shooting, suicide attempts and violence against striking workers. These events are part of the story and are not described gratuitously, but some readers may want to know in advance.

Is there a French edition?

Yes. A French translation, La Cause des femmes, is being prepared and will be announced on this site and on the French page.

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

The Women’s Case

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

Format
Paperback
Language
English
Genre
Historical fiction
Setting
Canada, 1898 to 1996

A revised edition, and the French translation La Cause des femmes, are coming soon.

Front cover of The Women’s Case by Jean-Claude Dubuisson: a bronze statue of Lady Justice on a deep red background with gold lettering