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Lesson 6 of 8Canada, 1914–1929
Unit 2 · Lesson 6 of 8

Women's Rights and the Persons Case; Immigration Policy and Discrimination

How women won the vote (Manitoba first in 1916, federally in 1917–1918), entered Parliament and won the Persons Case in 1929, and why many women were still excluded; and how Canadian immigration policy, from the 1919 Immigration Act to the Chinese Immigration Act of 1923, sorted newcomers into "preferred" and unwanted groups, along with the racism and antisemitism many communities faced and how they responded.

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Key things to remember

  1. 1Manitoba gave women the provincial vote first (January 28, 1916); most women gained the federal vote by a law of May 24, 1918; Quebec women waited until 1940.
  2. 2Agnes Macphail became the first woman elected to the House of Commons on December 6, 1921.
  3. 3Persons Case: the Supreme Court said no (April 24, 1928); the Privy Council ruled women were persons (October 18, 1929); Cairine Wilson became the first woman senator in 1930.
  4. 4Several of the Famous Five, notably Murphy and McClung, also supported eugenics and sterilization laws such as Alberta's Sexual Sterilization Act (1928), which harmed thousands of people, Indigenous people out of proportion to their numbers.
  5. 5The Chinese Immigration Act (in force July 1, 1923) banned almost all Chinese immigration until 1947; the federal government apologized in 2006.
  6. 6Immigration policy ranked newcomers as "preferred" (British, American, northern European) or "non-preferred", and excluded most Asian and Black immigrants.

On October 18, 1929, a court in London ruled that women were "persons" under Canada's constitution and could be appointed to the Senate. Six years earlier, on July 1, 1923, Dominion Day, a new law all but shut Canada's door to Chinese immigrants; Chinese Canadians came to call July 1 Humiliation Day. Both events belong to the same period. Between 1914 and 1929, some Canadians won new rights while others were shut out on the basis of race, origin or status. This lesson looks at both sides of that story and at how people fought for inclusion.

Winning the vote

Suffragists (campaigners for women's right to vote) had organized for decades, often through groups such as the Woman's Christian Temperance Union, which hoped women voters would support prohibition and social reform. In January 1914, writer Nellie McClung and her allies staged a "Women's Parliament" in Winnipeg that mocked the arguments against women voting by reversing them. The war strengthened their case: women were running homes and farms, working in factories and serving as nurses overseas. Manitoba became the first province to give women the provincial vote on January 28, 1916, followed by Saskatchewan and Alberta later that year and British Columbia and Ontario in 1917.

Women's political rights in CanadaMany women won the vote long before others did.Excluded far longer1916January 28: Manitoba is the first province where women can vote and holdprovincial office; Saskatchewan and Alberta follow that spring.1917Wartime Elections Act: some women, the close female relatives of soldiers,vote federally; military nurses vote too.1918May 24: women citizens aged 21 and over win the federal vote, except thoseexcluded because of race or Indian status.1921Agnes Macphail becomes the first woman elected to the House of Commons.1929October 18: the Persons Case. The Privy Council in London rules that womenare “persons” who can be appointed to the Senate.1940April 25: women in Quebec win the provincial vote, the last province togrant it.1948Asian Canadian women and men finally win the federal vote.1960First Nations women and men can vote federally without giving up theirstatus.
Fig 1Timeline of women's political rights: Manitoba first to grant women the provincial vote (January 1916), the federal vote for some women (1917 Wartime Elections Act) and most women (1918), Agnes Macphail the first woman MP (1921), the Persons Case (Privy Council, October 1929) and the Quebec provincial vote (1940), with a note that many women of colour and Indigenous women were excluded far longer.
  • 1917: the Military Voters Act let nursing sisters vote, and the Wartime Elections Act gave the federal vote to soldiers' wives, widows, mothers and sisters. In Alberta, Louise McKinney and Roberta MacAdams became the first women elected to a legislature in the British Empire.
  • May 24, 1918: a federal law gave the vote to most women who were British subjects aged 21 and over, from January 1, 1919. In 1919 women also won the right to run for the House of Commons.
  • December 6, 1921: Agnes Macphail, a Progressive from rural Ontario, became the first woman elected to the House of Commons. She went on to champion prison reform, pensions and equal pay.
  • Provinces: Nova Scotia (1918), New Brunswick (1919) and Prince Edward Island (1922) followed; Newfoundland, still separate, in 1925. Quebec women won the provincial vote only in 1940, after long campaigns by Marie Lacoste Gérin-Lajoie, Thérèse Casgrain and others.
Who was still left out
The vote for "women" was not a vote for all women. Chinese, Japanese and South Asian Canadians, women and men, were barred from voting in British Columbia, which also kept them off federal voters' lists. Apart from some veterans, status First Nations women and men could not vote federally without giving up their Indian status until 1960. Rights expanded for some women first, and only much later for others.

The Persons Case

In 1916, Emily Murphy became a police magistrate in Edmonton, the first woman police magistrate in the British Empire. Lawyers challenged her rulings on the grounds that a woman was not a "person" in law. The question that mattered most was whether women could sit in the Senate, which the British North America Act opened to "qualified persons". In 1927, Murphy and four other Alberta women, Nellie McClung, Irene Parlby, Louise McKinney and Henrietta Muir Edwards, later called the Famous Five, petitioned the federal government to ask the Supreme Court of Canada to decide. On April 24, 1928, it ruled that women were not "persons" for this purpose. The women appealed to the Judicial Committee of the Privy Council in London, then Canada's highest court of appeal. On October 18, 1929, Lord Sankey ruled that women were persons, describing the constitution as "a living tree capable of growth and expansion within its natural limits". In February 1930, Cairine Wilson became Canada's first woman senator.

A balanced view of the Famous Five
The Famous Five won a landmark victory for women's equality, and a statue of them stands on Parliament Hill. Historians also point out that several of them, notably Emily Murphy and Nellie McClung, publicly supported eugenics, the idea that society should prevent people judged "unfit" from having children, and the sterilization laws it inspired. Under Alberta's Sexual Sterilization Act of 1928, thousands of people were sterilized, with Indigenous people, especially women, sterilized out of proportion to their numbers, before the Act's repeal in 1972. Like many reformers of their time, they saw eugenics as social progress; today it is recognized as a violation of human rights. Murphy's 1922 book The Black Candle also spread racist ideas about Chinese and Black people. Recognizing both their achievement and the harm their views caused is part of historical perspective.
  • Work: after the war, many women lost factory jobs, but more women worked as clerks, typists, telephone operators, sales staff and nurses, and many taught school. Most were young and single, paid less than men, and expected to leave paid work when they married.
  • Social change: shorter hair and skirts, dance halls and cars symbolized new freedom for some young women (the "flapper"), alarming many older Canadians.
  • Sport: the Edmonton Grads women's basketball team won almost every game they played, the Ladies Ontario Hockey Association was formed in 1922, and Canada's "Matchless Six" track team won medals at the 1928 Olympics.
  • Black women's organizing: Black Cross Nurses, part of the Universal Negro Improvement Association, which opened its first Canadian division in Montreal in 1919, cared for the sick, taught health and hygiene, and supported Black veterans and families.
  • Indigenous women: Inuit women's skill in preparing skins and sewing clothing was essential to Arctic whaling and the fur trade. Under the Indian Act, a First Nations woman lost her status if she married a man without status, and the wife and children of a First Nations man who was enfranchised (gave up his status, for example to gain the vote) lost their status with him.

Immigration policy: preferred and unwanted

Immigration to Canada peaked in 1913, when about 400,000 newcomers arrived, a yearly record that stood until 2021. The war cut immigration sharply. After the war, Ottawa ranked newcomers by origin. "Preferred" immigrants were British, American and northern and western European. Central, eastern and southern Europeans were "non-preferred" but admitted when farms, mines and railways needed labour. Asians and Black people were openly unwanted. The 1919 amendments to the Immigration Act let the cabinet bar any group for its "peculiar customs, habits, modes of life" or political views, and immigrants from former enemy countries were barred for several years.

PolicyGroup affectedWhat happened
Order-in-council, 1919Doukhobors, Mennonites and HutteritesBarred as "undesirable" partly because they refused military service; the ban was lifted for Mennonites and Hutterites in 1922, and about 21,000 Mennonites fleeing the Soviet Union arrived from 1923 to 1930
Railway Agreement, 1925Central and eastern Europeans (Ukrainians, Poles, Germans and others)Let the CPR and CNR recruit farm workers from "non-preferred" countries; tens of thousands settled on the Prairies before it ended in 1930
Chinese Immigration Act, 1923ChineseEnded the head tax but banned almost all Chinese immigration until 1947
Agreement with Japan, 1908 (tightened 1928)JapaneseLimited Japanese immigration to about 400 male labourers and servants a year, cut to 150 in 1928
Continuous journey regulation, 1908South AsiansRequired a non-stop voyage from the country of origin, which was impossible from India; used to turn away the Komagata Maru in 1914
Order-in-council, 1911, and border practicesBlack AmericansThe Laurier cabinet approved a one-year ban on Black immigrants as "unsuitable" in August 1911; it was never enforced and was cancelled that October, but officials used medical checks and discouragement to keep Black settlers out
Immigration policies that sorted newcomers by origin.

The Chinese Immigration Act, which came into force on July 1, 1923, was the harshest. Chinese workers had helped build the CPR in the 1880s, but from 1885 Chinese immigrants had to pay a head tax (50 dollars at first, raised to 100 dollars in 1900 and 500 dollars in 1903). The 1923 Act replaced the tax with near-total exclusion: estimates suggest only about 15 to 50 Chinese immigrants were admitted between 1923 and 1947. Men already in Canada could not bring wives and children, so families were separated for decades and Chinese communities shrank. The Act was repealed in 1947, and the federal government apologized for the head tax and exclusion on June 22, 2006. The Komagata Maru, carrying 376 passengers from Punjab, mostly Sikhs, all British subjects, was held in Vancouver harbour from May 23, 1914; only 24 were admitted, and the ship was forced to leave on July 23, 1914. Canada apologized in 2016.

  • Racism and nativism: in the late 1920s the Ku Klux Klan gained thousands of members in Saskatchewan, spreading hostility toward eastern European immigrants, French Canadians and Catholics; the Orange Order also opposed French-language and separate schooling in several provinces.
  • Anti-Black racism: Black Canadians faced segregated schools in parts of Nova Scotia and Ontario, were refused service in restaurants, theatres and hotels, and were limited to jobs such as railway sleeping car porter.
  • Antisemitism: Jewish Canadians faced quotas, exclusion from jobs, clubs and neighbourhoods, and discriminatory property covenants (see the next unit's lesson on antisemitism in Canada).
  • Mutual aid: communities supported newcomers and one another through organizations such as the Jewish Immigrant Aid Society, the Universal Negro Improvement Association, Ukrainian community halls, and Chinese benevolent associations. These communities built places of worship, schools, newspapers and cultural life that became part of Canada's heritage.
Historical perspective: explain without excusing
Many Canadians in the 1920s openly believed that British and northern European people were superior and that others would never fit in. To explain immigration policy, you need to understand that belief. To evaluate it, use evidence of its impact: separated families, people turned away, and communities that contributed to Canada despite discrimination.

Worked examples

Reveal one step at a time and try to beat it to the next line.

Example 1
Explain how the Persons Case moved from Alberta to London, and why its outcome mattered.
Example 2
The head tax on Chinese immigrants was 50 dollars in 1885 and 500 dollars in 1903. By what factor did it increase, and what replaced it in 1923?
Example 3
Evaluate the claim: "Women won the right to vote in Canada in 1918."

Where marks get lost

  • Saying all Canadian women got the vote in 1918. Many Asian Canadian and status First Nations women were excluded for decades, and Quebec women could not vote provincially until 1940.
  • Thinking the Supreme Court of Canada decided the Persons Case in women's favour. It ruled against them in 1928; the British Privy Council reversed that decision in 1929.
  • Presenting the Famous Five only as heroes or only as villains. They won a key equality case, and several of them also promoted eugenics and racist ideas.
  • Calling the Chinese Immigration Act a head tax. The head tax applied from 1885 to 1923; the 1923 Act replaced it with near-total exclusion.
  • Dating the Komagata Maru to the 1920s. It was in May–July 1914.

Flashcards 9

Suffragist
Nellie McClung
Agnes Macphail
Famous Five
+ 5 more

Practice

1
Put these milestones for women's rights in chronological order.
  1. 1The Privy Council rules that women are persons
  2. 2Agnes Macphail is elected to the House of Commons
  3. 3A federal law extends the vote to most women
  4. 4Manitoba women win the provincial vote
  5. 5The Wartime Elections Act gives some women the federal vote
2
Which body finally ruled in 1929 that women were "persons" eligible for the Senate?
3
In what year did the Chinese Immigration Act, often called the Chinese Exclusion Act, come into force?
4
Match each policy to the group it targeted.
Chinese Immigration Act (1923)
Continuous journey regulation (1908)
1919 order-in-council banning certain sects
Railway Agreement (1925)
5
Who was the first woman elected to the House of Commons?
6
Which statement gives the most balanced view of the Famous Five?
7
The Chinese head tax was 50 dollars in 1885 and 500 dollars from 1903. By what factor did it increase?
8
Name the ship carrying 376 passengers from Punjab that was turned away from Vancouver in 1914.
9
Which group of women was still unable to vote federally after 1918 without giving up something important?
10
What was the purpose of organizations such as the Jewish Immigrant Aid Society and the Universal Negro Improvement Association in the 1920s?

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