Emily Murphy

Lore & Background

Emily Murphy was born in Cookstown, Ontario, the third child of Isaac Ferguson and Emily Gowan. Her father encouraged her to share responsibilities equally with her brothers. They had four daughters, two of whom died in childhood. Murphy began organizing women's groups and advocating for property rights after learning of a woman left homeless when her husband sold the family farm. Her right to pass sentence was challenged on the grounds that she was not legally a person, but the appeal was denied. The Supreme Court ruled that women were not qualified to sit in the Senate. Despite this victory, Murphy never served in the Senate.

Reader's Guide

Emily Murphy's significance lies in her role as a pioneering women's rights activist and a central figure in the Persons Case, which legally established that women were 'qualified persons' eligible to sit in the Canadian Senate. As the first female magistrate in the British Empire, she also broke a judicial barrier. However, her legacy is complicated by her later work, including her support for the Sexual Sterilization Act of Alberta and her writings in The Black Candle, where she alleged that immigrants, particularly from China, would corrupt the white race through drug trafficking. These views have drawn criticism and complicate her standing as a feminist icon. The Persons Case remains a landmark in Canadian legal history, and Murphy is remembered as one of the Famous Five, though her broader record includes both progressive and regressive elements.

Did You Know?

• She was one of the Famous Five, along with Henrietta Muir Edwards, Nellie McClung, Louise McKinney, and Irene Parlby.
• Murphy never served in the Senate despite winning the Persons Case.