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Privy Council Appeal No. 121 of 1928.

In the matter of a Reference as to the meaning of the word “Persons” in Section 24 of The British North America Act, 1867.

Henrietta Muir Edwards and others - - - - Appellants

The Attorney-General of Canada and others - - - - Respondents

From

The Supreme Court of Canada.

Judgment of the Lords of the Judicial Committee of the Privy Council, delivered the 18th October, 1929.

Present at the Hearing:

The Lord Chancellor.

Lord Darling.

Lord Merrivale.

Lord Tomlin.

Sir Lancelot Sanderson.

[Delivered by the Lord Chancellor.]

By section 24 of the 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 (...)

[86] (B 300—2249)T

A