| The Women's Case Contributor(s): Dubuisson, Jean Claude (Author) |
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ISBN: ISBN-13: 9798665264912 Publisher: Independently Published OUR PRICE: $23.70 Product Type: Paperback Published: August 2020 |
| Additional Information |
| BISAC Categories: - Law | Discrimination |
| Physical Information: 1.16" H x 5.98" W x 9.02" (1.66 lbs) 520 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: The Women's Case, also known as The "Persons" Case, was a landmark decision from the Judicial Committee of the Imperial Privy Council in more than one aspect. First of all, it establishes that Women were qualified persons therefore they could occupy any high ranking position in Canada as any other man and second of all, the constitution should not be interpreted as a narrow tool to justify injustice against women. In the past, there was an understanding based on a British Common Law ruling of 1876 which declared that, "women were eligible for pains and penalties, but not rights and privileges."A young woman who has been through terrible hardship in her life, as the understanding based on the British Common Law ruling of 1876 which declared that, "women were eligible for pains and penalties, but not rights and privileges."she has been the fruit of that curse. Her name was Patricia Kaminsky and she was brilliant. Because she was an orphan and a woman, she was barred in every single field of career that she chose to go in her life. She went to University of Mc Gill, and she was the top student in Law School, but the Quebec bar would not let her practice law because she was a woman. Therefore, she was " eligible for pains and penalties, but not rights and privileges."After being humiliated by the Judicial system in Quebec, she went to Alberta to live with Emily Murphy. While she was in Alberta, she inspired Emily Murphy the first woman judge in Canada, to become the first woman senator in Canada. Emily Murphy recruited four other women to petition to the minister about becoming a woman senator. The minister ruled against them on the basis that she was a woman therefore she was not a qualified person. Then the matter went to the Supreme Court of Canada who also ruled against them on that same basis that women were not qualified persons.After so many deceptions, Emily Murphy and the four women did not give up. With the assistance of a brilliant lawyer, Mr. Rowel and his team of attorneys they went all the way to England to appeal the Canadian Supreme Court decision before the Judicial Committee of the Imperial Privy Council. At that time the Judicial Committee of the Imperial Privy Council was the court of higher power and the last remedy for Canada within the British Empire and Commonwealth.The Judicial Committee of the Imperial Privy Council, in their landmark decision, reversed the Canadian Supreme Court's judgment and proclaimed that women were qualified persons therefore they could occupy any high ranking position in Canada as any other man. Since that time, the presumption that "women were eligible for pains and penalties, but not rights and privileges", became obsolete because women were finally qualified persons in the eyes of the law. |