Emily Murphy: Rebel; First Female Magistrate in the British Empire

Vernon V. Kakoschke was a lawyer in the law department of Canadian Pacific.

This biography traces the life of a remarkable crusader for social reform who devoted herself to several causes, the most famous of which was equal status for women. As a pioneering feminist in Canada, Emily Murphy made her views known far and wide as a prolific writer under the alias “Janey Canuck.” She authored seven books between 1900 and 1930 and numerous provocative magazine and newspaper articles.

By researching many of her published writings, the biographer has been able to piece together the major accomplishments in Murphy’s life. Certain unpublished materials, such as letters that Murphy wrote to her friends and relatives, were also uncovered. In addition, private family papers, including many photographs, were a fruitful source of information and are included in the book.

Emily Murphy’s greatest triumph came in 1929, when the Privy Council in England reversed the Supreme Court of Canada by ruling that women were “persons” under the British North America Act and therefore eligible for any political office. She had been instrumental in launching the so-called Persons Case, particularly after her appointment as a Police Magistrate in Edmonton was challenged on the basis that women were incapable of holding judicial office. Along with four other activists in the women’s movement, she commenced the constitutional reference that resulted in the landmark decision. A good part of this book is devoted to describing the background to this case and the effect that it had on Murphy’s life. Some of the other human rights issues that she became involved in are set out in the remainder of this book in a very readable and entertaining fashion.