Keywords Born in 1868 Women Leaders

A self-taught legal expert, in 1916 she was appointed police magistrate for Edmonton and then Alberta, the first woman magistrate in the British Empire. Exposed to a succession of cases involving prostitution and juvenile offenders, she became an implacable enemy of narcotics, which she blamed for much organized crime and for victimizing the defenceless. The Black Candle (1922) by "Judge Murphy" was an expansion of articles published in Maclean's magazine describing in lurid detail the evils of the drug trade; her exposé led to laws governing narcotics that remained unaltered until the late 1960s. But, like many in the vanguard of reform, Murphy's record is uneven. Her anti-drug campaign led her to attack Chinese immigration and she supported EUGENICS.

Challenged on her first day on the bench by a lawyer who asserted that as a woman she was not a person in the eyes of British law, Murphy soon embarked on a decade-long campaign to have women declared legal "persons" and therefore eligible for appointive positions, including the Senate. With the support of 4 other Alberta women, Henrietta EDWARDS, Louise MCKINNEY, Nellie MCCLUNG and Irene PARLBY, she carried the PERSONS CASE to the Privy Council in Britain, which ruled in a celebrated judgement in 1929 that women were indeed persons under the BNA Act. The long-sought Senate appointment eluded Murphy, however, and she died in Edmonton of diabetes in 1933.

Murphy, a self-described rebel, was an outspoken feminist and controversial figure. In recent years she has attracted criticism for her views both on eugenics and immigration as well as acclaim for her success as a suffragist.

Murphy, Emily
In 1916 Murphy was appointed police magistrate for Edmonton, the first woman magistrate in the British Empire (courtesy PAA).

McClung, Murphy and Jamieson
Nellie McClung (left), Emily Murphy (right) and Laura Jamieson (March 1916) were the leaders of the feminist cause in western Canada (courtesy City of Edmonton Archives).

Famous 5
The "Women Are Persons!" statue, honouring the contributions of the Famous 5 (Nellie McClung, Henrietta Muir Edwards, Irene Parlby, Louise McKinney and Emily Murphy), was unveiled on Parliament Hill in 2000 (sculpted by Barbara Paterson, photo by Marc Mennie, courtesy Famous 5 Foundation).

Author SUSAN JACKEL Rev: CATHERINE CAVANAUGH

Suggested Reading
C. Mander, Emily Murphy, Rebel (1986); Bryn Hope Sanders, Emily Murphy Crusader (1945).

Links to Other Sites
Emily Murphy
A profile of Emily Murphy. From Library and Archives Canada.

Emily Murphy
Historica’s acclaimed one-minute movies about Canadian history

The Famous Five
This website focuses on the Famous Five and their struggle to advance the legal rights of Canadian women. From the Heritage Community Foundation in Alberta.

The Persons Case
This website offers copies of correspondence and official documents relating to the "Persons" Case. From Library and Archives of Canada.

Persons Case
This overview of the the historic “Persons Case” focuses on key participants Emily Murphy, Louise McKinney, Nellie McClung, Irene Parlby and Henrietta Muir. From the Alberta Women’s Secretariat (now part of Alberta Community Development.)

Changing Women, Changing History: Canadian Women
This Library and Archives Canada site features biographies of women activists who have made substantial contributions to the lives of all Canadian women. Also offers teaching guides and reference sources.