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Henrietta Muir Edwards and others – Appellant
Versus
Attorney General of Canda and others – Respondent
What is the meaning of the word "persons" in S. 24 of the British North America Act, 1867? What is the eligibility of women to be summoned to and become members of the Senate of Canada? What is the proper interpretation approach (external vs internal evidence) for interpreting the British North America Act in relation to "persons"?
Key Points: - The judgment centers on whether the word "persons" in S. 24 includes women and thus if women are eligible to be summoned to the Senate (!) (!) . - It discusses the two interpretive approaches: external evidence (historical context) and internal evidence (the Act itself) (!) (!) . - It ultimately holds that "persons" includes women and women are eligible for the Senate (!) (!) .
Lord Chancellor -
By S. 24, British North America Act, 1867, it is provided that:
“The Governor-General shall from time to time, in the Queen's name, by instrument under the Great Seal of Canada, summon qualified persons to the Senate; and subject to the provisions of this Act, every person so summoned shall become and be a Member of the Senate and a Senator."
The question at issue in this appeal is whether the words "qualified persons” in that section include a woman, and consequently whether women are eligible to be summoned to and become members of the Senate of Canada. Of the appellants, Henrietta Muir Edwards is the Vice-President for the Province of Alberta of the National Council of Women for Canada; Nellie L. McClung and Louise C. McKinney were for several years members of the Legislative Assembly of the said province; Emily F. Murphy is a police magistrate in and for the said province; and Irene Parlby is a member of the Legislative Assembly of the said province and a member of the Executive Council thereof.
On 29th August 1927, the appellants petitioned the Governor-General in Council to refer to the Supreme Court certain questions touching the powers of the Governor-General
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