Governor General's Awards in Commemoration of the Persons Case 2013 Nominate Someone

The Awards

Nominations for 2013 are now closed and the selection process is underway. Please note, however, that nominations are accepted on an ongoing basis and those received after the deadline will be considered for the 2014 awards.

These awards recognize individuals who have made outstanding contributions to the goal of equality for women and girls in Canada. Recipients come from all parts of the country and from all walks of life.

Photo of 2012 recipient Caroline Andrew Photo of 2012 recipient Saara Bhanji (Youth Recipient) Photo of 2012 recipient Joanne Cave (Youth Recipient) Photo of 2012 recipient Corinne Gallant Photo of 2012 recipient Régine Alende Tshombokongo Who will you nominate for 2013? Meet the 2012 recipients...

This year's deadline to nominate someone for a Governor General's Award in Commemoration of the Persons Case was June 28, 2013.

In 1929, women became "persons" under the law when Canada's highest court of appeal declared that the word "person" included both women and men.

The Governor General's Awards in Commemoration of the Persons Case were created to celebrate that historic legal decision and to recognize individuals who have shown the courage and determination to significantly advance equality for women and girls in Canada. Each year five individuals, including two in the youth category, are chosen to receive the awards.

  • Past candidates and recipients have included:
  • Academics and researchers;
  • CEOs or board members;
  • Volunteers ;
  • Mayors and city councilors;
  • Facilitators and advocates;
  • Artists;
  • Community activists; and
  • Specialists in issues facing women and girls.

These people may have found innovative solutions to challenges facing women and girls, lobbied for groups or services, raised public awareness or made creative and artistic contributions.

Nominate Someone

  • This year's deadline to nominate someone for a Governor General's Award in Commemoration of the Persons Case was June 28, 2013.
  • These awards honour individuals who have made outstanding contributions to the goal of equality for women and girls in Canada. These individuals have demonstrated leadership and excellence in any field, in either a paid or unpaid capacity.
  • Five awards, two in the youth category, are given annually to candidates from across Canada.
  • Any group or individual is welcome to submit a nomination for a Persons Case Award. Individuals may not nominate themselves.
  • Candidates must be Canadian citizens. Youth award nominees must be between 15 and 30 years of age, and all other nominees must be over 30.
  • A successful nomination must include:
    • A completed nomination form (available below);
    • Statement of nomination;
    • Candidate's résumé or curriculum vitæ; and
    • Letters of support.
  • Details for all of these steps are on the nomination form below. Please read the form thoroughly and follow the instructions.
  • Status of Women Canada keeps all nominations confidential. Please respect this policy.
  • The nomination process for the Governor General's Awards in Commemoration of the Persons Case is ongoing. Once the yearly deadline has passed, nominations are presented to the Jury, an independent body reflective of the diversity of Canadian society. The Jury reviews all nominations and makes recommendations to Status of Women Canada.
  • Completed nominations should be sent to:

    Governor General's Awards in Commemoration of the Persons Case
    Status of Women Canada
    123 Slater Street, 10th Floor, Ottawa ON K1P 1H9
    Email: communications@swc-cfc.gc.ca
    Phone: 613-995-7835
    Fax: 613-943-2386

Recipients

Each year, five outstanding Canadians receive the Governor General's Awards in Commemoration of the Persons Case

Click here to view past winners.

2012 Recipients

Photo of Caroline Andrew
Caroline Andrew
Ottawa, Ontario

View the Biography in HTML format (Web page)

Photo of Saara Bhanji
Saara Bhanji (Youth Recipient)
Vancouver, British Columbia

View the Biography in HTML format (Web page)

Photo of Joanne Cave
Joanne Cave (Youth Recipient)
Edmonton, Alberta

View the Biography in HTML format (Web page)

Photo of Corinne Gallant
Corinne Gallant
Moncton, New Brunswick

View the Biography in HTML format (Web page)

Photo of Régine Alende Tshombokongo
Régine Alende Tshombokongo
Montréal, Quebec

View the Biography in HTML format (Web page)


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Background

The Governor General's Award in Commemoration of the Persons Case

This year's deadline to nominate someone for a Governor General's Award in Commemoration of the Persons Case was June 28, 2013.

In 1929, after two years of legal debate, Canada's highest court of appeal declared that the word "person" included both women and men. The decision was made by the Judicial Committee of the Privy Council of Great Britain and made it possible for women to serve in the Senate. It also paved the way for women's increased participation in public and political life. The case had been brought before the courts in 1927 by five Alberta women who became known as the "Famous Five." The case became known as the Persons Case.

The Governor General's Awards in Commemoration of the Persons Case were created in 1979 to mark the 50th anniversary of the groundbreaking Persons Case, which changed the course of history for women in Canada.

Each year, five recipients are chosen from across Canada. Two are from the youth category (15 to 30 years of age).

Recipients of these Awards continue the tradition of courage, integrity and hard work that the Famous Five of the Persons Case inspired.

The Persons Case

"We want women leaders today as never before. Leaders who are not afraid to be called names and who are willing to go out and fight. I think women can save civilization. Women are persons."

- Emily Murphy - 1931

The historic decision to include women in the legal definition of "persons" was handed down by Canada's highest court of appeal – the Judicial Committee of the Privy Council of Great Britain – on October 18, 1929. This gave women the right to be appointed to the Senate of Canada and paved the way for women's increased participation in public and political life. October 18 is now celebrated as Persons Day, and the Governor General's Awards in Commemoration of the Persons Case are awarded each year in October to mark the historic Persons Case decision.

The five women who pursued the case have become known as the Famous Five. They were journalists, magistrates and politicians. Their arduous legal quest, which began in 1927, resulted in a milestone victory – a turning point for equality rights in Canada.

Click here to visit Library and Archives Canada's Persons Case site.

Reform movements attract support

The early 1900s in the Canadian west were turbulent and rapidly changing times. In Alberta, the population began to shift from a strictly rural to an increasing urban one. Men outnumbered women three to two. These situations combined to create a number of serious social problems, including alcohol abuse and prostitution.

In response, women began to organize and support organizations dedicated to 'cleaning up society.' They also began to seek a larger role in politics. In 1916, Alberta passed legislation granting women the right to vote.

The British North America Act (BNA Act) of 1867 set out the powers and responsibilities of the provinces and of the federal government. This federal Act used the word "persons" when it referred to more than one person and the word "he" when it referred to one person. Therefore, many argued, the Act was really saying that only a man could be a person, thus preventing women from participating fully in politics or affairs of state.

This situation was of concern to Canada's Emily Murphy, the first woman magistrate in the British Empire. Judge Murphy was the magistrate of a newly created Women's Court operating in Edmonton. On her first day, a defendant's lawyer challenged a ruling on the grounds that she was not a "person" and therefore not qualified to perform the duties of a magistrate.

Magistrate Alice Jamieson of Calgary found herself similarly challenged. In 1917 one of her rulings was appealed to the Alberta Supreme Court, which deemed there was no legal disqualification for holding public office based on sex.

At the same time, women's groups began pressuring the federal government to appoint a woman to the Senate. Despite the support of two consecutive prime ministers, no appointments materialized. Governments used the “persons” argument to keep women out of important positions, like the Senate. If the word “person” applied only to men, then the stipulation that only "qualified persons" could be appointed to the Senate of Canada meant that only men could be appointed.

The "Famous Five"

In 1927 Emily Murphy and four other prominent Canadian women – Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards – asked the Supreme Court of Canada to answer the question, "Does the word "person" in Section 24 of the B.N.A. Act include female persons?" After five weeks of debate and argument, the Supreme Court of Canada decided that the word "person" did not include women.

The five women, who came to be known as "The Famous Five", were shocked by the Supreme Court decision but did not give up the fight. They took their case to London, to the Judicial Committee of the Privy Council of Great Britain, which in those days was Canada's highest court of appeal.

The Privy Council decides

On October 18, 1929, Lord Sankey, Lord Chancellor of the Privy Council, announced the decision of the five lords: "the exclusion of women from all public offices is a relic of days more barbarous than ours. And to those who would ask why the word "person" should include females, the obvious answer is, why should it not?"

The Famous Five not only won the right for women to serve in the Senate but helped pave the way for women to participate equally in – and contribute equally to – all other aspects of life in Canada.

Emily Murphy
(1868-1933)

Photo of Emily Murphy

"Whenever I don't know whether to fight or not, I fight."

Born in Cookstown, Ontario, Emily (Ferguson) Murphy was already an accomplished author by the time she arrived in Edmonton in 1907. A mother of two, she spearheaded campaigns for women's property rights, and in 1916 she was the first woman in the British Empire to be appointed a police magistrate. During this time, a lawyer repeatedly challenged her rulings, claiming that she was not legally a "person." In 1927 she led the legal challenge now known as the Persons Case.




Louise McKinney
(1868-1931)

Photo of Louise McKinney

"The purpose of a woman's life is just the same as the purpose of a man's life: that she may make the best possible contribution to her generation."

Louise (Crummy) McKinney raged against the evils of alcohol and the "disabilities laid on women" and played a leading role in bringing Alberta women the right to vote in 1916. When she was sworn in to the Alberta Legislature in 1917, she became the first woman to sit in any legislature in the British Empire. As an MLArepresenting Claresholm, she worked to initiate social assistance measures for widows and immigrants and, along with Emily Murphy, helped establish the Dower Act allowing women property rights in marriage.

Irene Parlby
(1868-1931)

Photo of Irene Parlby

"Evolution cannot be brought about by the use of dynamite."

Born in London, England, Irene (Marryat) Parlby came to Alberta in 1896, married a rancher, and settled in the Lacombe area. She was elected to the Alberta Legislature in 1921 under the United Farmers of Alberta banner and helped push through 18 bills to improve the plight of women and children. Appointed minister without portfolio in 1921, she was only the second woman to serve as a cabinet minister in the British Empire. She was president of the United Farm Women of Alberta and a staunch advocate for rural Alberta women.

Nellie McClung
(1873-1951)

Photo of Nellie McClung

"Never retract, never explain, never apologize - get things done and let them howl."

Novelist, legislator, prohibitionist and suffragette, Nellie (Mooney) McClung's influence was felt across the prairies. The Chatsworth, Ontario-born school teacher helped Manitoba women win the right to vote and continued the battle in Alberta after arriving in Edmonton in 1914. She was elected to the Alberta Legislature in 1921, was the first woman on the CBC Board of Governors, a delegate to the League of Nations, a Sunday school teacher and a mother of five.



Henrietta Muir Edwards
(1849-1931)

Photo of Henrietta Muir Edwards

"We sought to establish the individuality of women... It was an uphill fight."

"We sought to establish the individuality of women... It was an uphill fight."

Henrietta Muir Edwards was active in prison reform, organized the forerunner to the YWCA to provide vocational training for impoverished working women in 1875, and published and financed the first Canadian magazine for working women. A student of law, she helped establish the National Council of Women in 1890 and served for decades as its convenor of laws. She wrote several books on the legal status of women and compiled a list of provincial laws affecting women and children across Canada.

Jury and Policy

The Jury and the Nomination Review Process

The jury for the Persons Case Awards is an independent body appointed by Status of Women Canada. The chairperson's role is to manage the jury’s meetings and deliberations so that members may give their views on individual cases before a vote is called. The chairperson will abstain from voting, except in the event of a tie.

The jury reviews all nominations and transmits its decisions to Status of Women Canada, which coordinates the Persons Case Awards ceremony with the Governor General's office. A vote is held on each nomination and a candidate must receive a majority of votes to be selected for a Persons Case Award. A unanimous vote is not required.

When a nomination does not receive a majority of votes, the jury may request the nomination be held for a specified period and brought forward for review at a later date. As such, a nomination may be presented on more than one occasion.

The release of information concerning the Persons Case Awards is subject to the Access to Information and Privacy Acts.

JURY

3. (1) The Jury for the Persons Case Awards shall be appointed by the Coordinator, Status of Women Canada, and shall consist of five individuals, reflective of the geographic, ethnic, cultural and gender diversity of Canadian society.

(2) In recognition of the subject of the Persons Case of 1929, one member of the Jury shall be a Senator.

(3) The member of the Jury from the Senate of Canada shall be appointed for a renewable one-year term.

(4) The other four members of the Jury shall be appointed for three-year terms with the exception of the initial year of this Policy, that being 2009.

In 2009,

  1. The Chair of the Jury shall be appointed for a three-year-term.
  2. The three remaining Jury members shall be appointed for each of a one- , two- or three-year term.

(5) A Jury member may have her or his term renewed once, but afterwards may be reappointed to the Jury only following a minimum one-term absence.

  1. In the event of a Jury member's resignation and the urgent need for a replacement, as determined by the Coordinator, Status of Women Canada, a two-term departing Jury member may be renewed for a one- or two-year term.

(6) One of the members of the Jury shall be a former Persons Case Award recipient.

(7) The release of information concerning the Persons Case Awards is subject to the Access to Information and Privacy Acts.

4. The Jury shall:

  1. consider those nominations referred to in paragraph 2 (a) that are transmitted to it by the Secretary;
  2. compile and submit in writing to Status of Women Canada a list of the five nominees plus one youth nominee; and
  3. advise on such matters as are referred to it by Status of Women Canada.

4.1 No member of the Jury shall:

  1. submit nominations for the Persons Case Awards;
  2. be a nominee under consideration for a Persons Case Award.

ELIGIBILITY and NOMINATIONS

5. (1) Any Canadian citizen may receive a Governor General's Award in Commemoration of the Persons Case.

6. (1) Any individual or group is welcome to nominate a deserving Canadian citizen as candidate for a Persons Case Award.

(2) Nominees must be over 30 years of age. Youth award nominees must be between 15 and 30 years of age.

7. The Persons Case Awards honour outstanding individuals whose achievements and commitment have helped to advance equality for girls and women in Canada. Suitability will be demonstrated by leadership and excellence in any field, in either a paid or unpaid capacity.

INSIGNIA

8. Laureates shall be entitled to wear such insignia as the Governor General may, by ordinance, prescribe.

9. The insignia of the Persons Case Awards shall be worn in the sequence and manner prescribed in publications issued by The Chancellery.

10. (1) Except as otherwise provided in an ordinance, the insignia of the Persons Case Awards shall remain the property of the Government of Canada.

(2) Where an individual who has received a Persons Case Award returns or rejects her or his award, or where an individual's award is rescinded by ordinance, that individual shall return the insignia to the Secretary.

RESCISSION OF AWARD

11. An individual's Persons Case Award ceases when

  1. the individual dies;
  2. the Governor General accepts the individual's return/rejection of the award, which shall have been made in writing and given to the Secretary; or
  3. the Governor General makes an ordinance rescinding the individual's award.

ORDINANCES

12. The Governor General may make ordinances respecting the governance and insignia of the Persons Case Awards and rescission of the award.


Policy and Procedure for Rescission of the Persons Case Award

Policy

1. Paragraph 11(c) of the Policy and Procedures of the Persons Case Awards provides for the rescission of the Persons Case Award by an ordinance made by the Governor General.

2. Rescission of the Persons Case Award shall be on the recommendation of the Jury to the Governor General. The recommendation of the Jury shall be based on evidence and guided by the principles of fairness and shall only be made after the Jury has ascertained the relevant facts relating to the case under consideration.

3. The Jury shall consider the rescission of the Persons Case Award if:

  1. the individual concerned has been convicted of a criminal offence; or
  2. the conduct of the individual is unbecoming of a Persons Case Award recipient in that it constitutes a significant departure from generally recognized standards of public behaviour. Such behaviour would be seen to undermine the credibility, integrity or relevance of the Persons Case Awards and to detract from the original grounds upon which the award was granted.

 4. Rescission is the sole sanction for an individual honoured with the Persons Case Award.

Procedure

5. The termination shall proceed in the following stages:

Stage 1- A request to consider the rescission of the Persons Case Award may be made by any individual in writing to the Secretary. After review, if the grounds for rescission are considered insufficient or spurious, the Secretary will send a reply to that effect to the individual who made the request.

The Secretary may initiate a request for rescission on her/his own accord.

Stage 2- If the Secretary determines there may be reasonable grounds for rescission of the Persons Case Award, the request will be forwarded to the Jury for consideration.

Stage 3- The Jury will consider the request, and if in its opinion there are insufficient grounds to proceed, the Secretary will send a reply to that effect to the individual who made the request.

Stage 4- If the Jury determines there are reasonable grounds for rescission of the Persons Case Award, the request will be subject to the remainder of the termination process.

Stage 5- The Secretary, on behalf of the Jury, will send, by registered mail, a written notice advising the individual, on the basis of the allegations of fact set out in the notice, that rescission of the Persons Case Award is under consideration. The notice will advise the individual that, within the time prescribed in the notice, she or he may:

  1. return the award (see stage 6); or
  2. make representations respecting the matter under consideration or any allegation of fact set out in the notice.

The notice will also indicate that the rescission process will continue, even if the individual does not reply within the prescribed time.

Stage 6- If the individual chooses to return the award, she or he shall notify the Secretary in writing of that fact within the time prescribed in the notice. After the Governor General's acceptance of the individual's return of the award pursuant to paragraph 11(b) of the Policy and Procedures of the Persons Case Awards, the individual's name shall be struck from any list held by the Chancellery and, pursuant to subsection 10(2) of the Policy and Procedures of the Persons Case Awards, the individual shall return the insignia to the Secretary of the Persons Case Awards Jury.

Stage 7- If the individual elects to make representations respecting the matter under consideration or any allegation of fact set out in the notice, the individual or her or his representative may, within the time prescribed in the notice or as otherwise authorized by the Secretary, make representations in writing or as the Secretary may authorize.

Stage 8- If, within the time prescribed in the notice or authorized by the Secretary, the individual fails to reply to the notice, the Secretary will request the Jury to review the case in accordance with the procedures provided for in stage 9.

Stage 9- If the individual has made representations, the Secretary will send all relevant documentation to the Jury. After due consideration, the Jury will prepare for the Governor General a report that contains its findings and recommendations with respect to rescission of the Persons Case Award.

Stage 10- On receiving the report referred to in stage 9, the Governor General, in accordance with the recommendation of the report, shall

  1. request the Secretary either to advise the individual in question that she or he remains a Persons Case Award recipient in good standing; or
  2. pursuant to paragraph 11(c) of the Policy and Procedures of the Persons Case Awards, make an ordinance rescinding the Persons Case Award

Stage 11- Notice of the rescission of the Persons Case Award shall be published in the Canada Gazette.

6. An example of an ordinance of rescission is annexed.


ORDINANCE No.  ( )

Whereas _________________________ was honoured with a Persons Case Award in ____;

Whereas, further to _________________, the Jury of the Persons Case Awards considered whether there were grounds to rescind the Persons Case Award presented to ________________;

Whereas the Jury, after considering all the facts in this matter, has recommended to the Governor General that the Persons Case Award of ________________ be rescinded;

And whereas the Governor General has seen fit to accept the Jury's recommendation;

Now, therefore, pursuant to paragraph 11(c) and section 12 of the Policy and Procedures of the Persons Case Awards (________), the Governor General hereby rescinds the Persons Case Award presented to ________________.

In witness whereof, the Governor General, Patron of the Persons Case Awards, has hereunto set her/his hand.

Ottawa, this __________ day of _________________.

Governor General

________________________________

Quiz

  1. The Persons Case made it possible for:
    1. Women to vote
    2. Women to run for Parliament
    3. Women to be appointed to the Senate
    4. Women to use public transportation

    Answer:

    Though the Persons Case paved the way for women to participate in many aspects of public life, an important goal of the case was to permit women in the Senate.  In the 1920's women's groups were pressuring the government to appoint  women to the Senate. However, only "qualified persons" could be appointed to the Senate of Canada.  Because women were not considered "persons" in a legal sense, they could not be appointed. The final legal decision to declare women as "persons" changed the course of history.



  2. The five women who took the Persons Case to court were from:
    1. Ontario
    2. Alberta
    3. Quebec
    4. Saskatchewan

    Answer:

    Emily Murphy, Louise McKinney, Irene Parlby, Nellie McClung and Henrietta Muir Edwards all lived in Alberta – though some of them were born and raised in other places. These women, led by Emily Murphy, brought the Persons Case to the Supreme Court of Canada in 1927.  The final decision was made two years later.



  3. These women became known as:
    1. The Famous Five
    2. The Winning Women
    3. The Fighting Five
    4. The Lawful Ladies

    Answer:

    The Famous Five is a nickname that stuck. A bronze statue of all five women was created by Barbara Paterson of Edmonton, Alberta and unveiled in Calgary on October 18, 1999 to mark the 70th anniversary of the Persons Case. A replica was unveiled on Parliament Hill in Ottawa in October, 2000.



  4. The Persons Case final ruling came from the Judicial Committee of the Privy Council of Great Britain in England because:
    1. There were no courts in Canada at that time
    2. The Supreme Court of Canada ruled that women were not ‘persons'
    3. The Persons Case was decided in Britain first
    4. British and Canadian women made an alliance

    Answer:

    In 1927, the Famous Five asked the Supreme Court of Canada, "Does the word "person" in Section 24 of the British North America Act include female persons?" After five weeks of debate and argument the Supreme Court of Canada decided that the word "person" did not include women. The women refused to accept this decision and took the Persons Case to the Judicial Committee of the Privy Council of Great Britain in London, England which in those days was Canada's highest court of appeal. On October 18, 1929, Lord Sankey, Lord Chancellor of the Privy Council, announced the decision of the five lords. The decision stated "that the exclusion of women from all public offices is a relic of days more barbarous than ours. And to those who would ask why the word "person" should include females, the obvious answer is, why should it not?



  5. Match the names of the famous five with their accomplishments:

    Emily Murphy

    Louise McKinney

    Irene Parlby

    Nellie McClung

    Henrietta Muir Edwards



    Novelist, school teacher, member of Alberta legislature, mother of five

    First woman in any legislature in the British Empire

    First female police magistrate

    Active in prison reform and expert in laws affecting women and children

    Cabinet minister and president of the United Farm Women of Alberta

     


    Answer:

    Emily Murphy – First female police magistrate
    Louise McKinney – First woman in any legislature in the British Empire
    Irene Parlby – Cabinet minister and president of the United Farm Women of Alberta
    Nellie McClung – Novelist, school teacher, member of Alberta legislature, mother of five
    Henrietta Muir Edwards – Active in prison reform and expert in laws affecting women and children

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Date Modified:
2013-07-09