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1929 court case which declared the word \person\ in the Constitution of Canada includes women

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  • 1929 court case which declared the word \person\ in the Constitution of Canada includes women (en)
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  • Anglin C.J.C. (en)
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  • Arms of the Judicial Committee of the Privy Council (en)
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  • [1930] AC 124, [1929] All ER Rep 571, 1929 UKPC 86 (BAILII). (en)
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dbp:dateDecided
  • 1929-10-18 (xsd:date)
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  • Lord Sankey (en)
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  • In the matter of a Reference as to the meaning of the word " persons " in Section 24 of The British North America Act, 1867 (en)
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  • 150 (xsd:integer)
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  • Lord Darling (en)
  • Lord Merrivale (en)
  • Lord Sankey, L.C. (en)
  • Lord Tomlin (en)
  • Sir Lancelot Sanderson (en)
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  • Edwards v Canada (en)
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  • 5 (xsd:integer)
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  • There can be no doubt that the word "persons" when standing alone prima facie includes women. . It connotes human beings—the criminal and the insane equally with the good and the wise citizen, the minor as well as the adult. Hence the propriety of the restriction placed upon it by the immediately preceding word "qualified" in ss. 24 and 26 and the words "fit and qualified" in s. 32, which exclude the criminal and the lunatic or imbecile as well as the minor, who is explicitly disqualified by s. 23. Does this requirement of qualification also exclude women? (en)
  • It should be observed that, while the question now submitted by His Excellency to the court deals with the word "Persons," section 24 of the B.N.A. Act speaks only of "qualified Persons"; and the other sections empowering the Governor General to make appointments to the Senate speak, respectively, of "qualified Persons" and of "fit and qualified Persons." The question which we have to consider, therefore, is whether "female persons" are qualified to be summoned to the Senate by the Governor General; or, in other words—Are women eligible for appointment to the Senate of Canada? (en)
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  • Edwards v Canada (AG) (en)
  • Edwards v. Canada (Attorney General) (de)
  • Edwards c. Canada (P.g.) (fr)
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