Edwards v Canada (Attorney General)
E782795
Edwards v Canada (Attorney General), also known as the Persons Case, is a landmark 1929 decision of the Judicial Committee of the Privy Council that recognized women as "persons" eligible for appointment to the Canadian Senate and established a progressive, evolving approach to constitutional interpretation.
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
Canadian legal case
ⓘ
Privy Council decision ⓘ constitutional law case ⓘ court case ⓘ landmark decision ⓘ |
| alsoKnownAs | The Persons Case NERFINISHED ⓘ |
| appealFrom | Supreme Court of Canada NERFINISHED ⓘ |
| appellateBody | Judicial Committee of the Privy Council NERFINISHED ⓘ |
| areaOfLaw |
Canadian constitutional law
ⓘ
constitutional law ⓘ human rights ⓘ women's rights ⓘ |
| citationCountry | UK Privy Council decision on Canadian appeal ⓘ |
| concerns | appointment of women to the Senate of Canada ⓘ |
| country | Canada ⓘ |
| court | Judicial Committee of the Privy Council NERFINISHED ⓘ |
| decisionDate | 1929-10-18 ⓘ |
| establishedDoctrine | living tree doctrine ⓘ |
| establishedPrinciple |
constitution is a living tree capable of growth and expansion within its natural limits
ⓘ
progressive interpretation of the constitution ⓘ |
| genderAspect | legal status of women as persons ⓘ |
| hasAlternativeName | Persons Case NERFINISHED ⓘ |
| historicalContext | pre-Charter Canadian constitutional framework ⓘ |
| holding |
women are "persons" under section 24 of the British North America Act, 1867
ⓘ
women are eligible for appointment to the Canadian Senate ⓘ |
| impact |
advanced legal recognition of women in Canada
ⓘ
influenced later Canadian constitutional interpretation ⓘ strengthened the role of women in Canadian public life ⓘ |
| influenced | later Supreme Court of Canada constitutional jurisprudence ⓘ |
| jurisdiction | Canada NERFINISHED ⓘ |
| languageOfProceedings | English ⓘ |
| legalIssue |
eligibility of women for appointment to the Senate of Canada
ⓘ
interpretation of the word "persons" in section 24 of the British North America Act, 1867 ⓘ |
| locationOfParties | Canada NERFINISHED ⓘ |
| originatingStatute | British North America Act, 1867 NERFINISHED ⓘ |
| precedes | Canadian Charter of Rights and Freedoms NERFINISHED ⓘ |
| relatedInstitution | Senate of Canada NERFINISHED ⓘ |
| sectionInterpreted | section 24 of the British North America Act, 1867 ⓘ |
| significance |
considered a foundational case in Canadian constitutional jurisprudence
ⓘ
considered a milestone in the history of women's rights in Canada ⓘ |
| subjectMatter | definition of "persons" in constitutional text ⓘ |
| typeOfInterpretation |
evolving constitutional interpretation
ⓘ
purposive interpretation ⓘ |
| yearDecided | 1929 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
living tree doctrine (in comparative constitutional law)
→
originatedInCase
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Edwards v Canada (Attorney General)
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subject surface form:
living tree doctrine