Unsung Hero
Canada 150: The Contribution of the Famous 5

Many of Canada’s legal heroes are men, as women were barred from the profession until the late 1800s. In 1892, Clara Brett Martin first applied to join the Law Society of Upper Canada, but was barred as the LSUC determined that only a “person” could be a lawyer, and women were not persons. In 1892, this legislation was amended to allow women to join the profession and Ms. Martin was admitted as the first female lawyer. In Alberta, the first woman admitted to the bar was not until 1915.  

However, the fight for women to be considered “persons” at law was not over once they joined the profession. In 1927, five famous Alberta women - Emily Murphy, Nellie McClung, Henrietta Muir Edwards, Louise McKinney and Irene Parlby - came together to advocate for women to be included within the meaning of “persons” under section 24 of the British North America Act (the “Act”). These women are now commonly referred to as the “Famous 5”.

The Act used the word “persons” when it referred to more than one person and the word "he" when it referred to one person and stated that only “qualified persons” could be Senators. The Famous 5 petitioned the Supreme Court of Canada to interpret this provision in the favour of women. The Supreme Court ruled that women were not “qualified persons”,  preventing women from participating fully in politics or affairs of the federation.

The Famous 5 petitioned the Privy Council to overrule the Supreme Court, and they did. On October 18, 1929, Lord Sankey, Lord Chancellor of Great Britain, announced the unanimous decision of the 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 5 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.

While it is important to remember these achievements, it is important to reflect on what we have yet to achieve. Despite being considered “people” at law, women continue to be excluded from leadership positions in Alberta. In a 2016 survey, it was discovered that women made up only 7% of board members on public boards. Female lawyers made up an even smaller portion – around 2%. There are many reasons for this abysmal statistic.

One commonly cited reason is that women do not have the requisite board experience to be qualified to join a public board. So, how do you get that experience?

Melanie Pituch is a member of the Alberta bar who sits on two not for profit boards - she is the Vice Chair of the Famous 5 Foundation as well as Secretary of Ghost River Theatre. Melanie began serving these boards while articling, and strongly encourages other young female lawyers to do the same. She believes her experience advising on governance matters, evaluating budgets and contributing to strategy will give her a leg up when seeking public board positions in the future: “It is an excellent opportunity to get board experience first hand, as well as giving back to the community. Many lawyers early in their careers feel they don’t have much to offer, but when you are working with non-lawyers, they really appreciate your understanding of contracts and basic legal concepts. It’s a way to get a sense of contributing to the community while working on your skills.” Melanie found these board positions through Business for the Arts and Propellus and recommends that all lawyers consider joining a board which resonates with their personal interests.

See Alberta's Legal Timeline for more information on the Famous 5.

Do you know an Unsung Hero? Tell us about them. If you know a lawyer who deserves to be recognized, please send us an email to communications@cba-alberta.org with the lawyer’s name and the reasons why you believe they are an “unsung hero”. The only formal requirements for nomination are that our “unsung hero” be an Alberta Lawyer and a CBA member.