580:, and is intricately entwined with the drug trade and addiction in Murphy's analysis. Yet she is ambiguous in her treatment of non-whites. In one passage, for example, she chastises whites who use the Chinese as "scapegoats", while elsewhere, she refers to the Chinese man as a "visitor" in this country, and that "it might be wise to put him out" if it turns out that this visitor carries "poisoned lollipops in his pocket and feeds them to our children". Drug addiction, however, not the Chinese immigrant, is "a scourge so dreadful in its effects that it threatens the very foundations of civilization", and which laws, therefore, need to target for eradication. Drugs victimize everyone, and members of all races perpetuate the drug trade, according to Murphy. At the same time, she does not depart from the dominant view of middle class whites at the time that "races" were discrete, biologically determined categories, naturally ranked in a hierarchy. In this scheme, the white race was facing degradation through
479:(or the Valiant Five) and were considered leaders in education for social reform and women's rights. They challenged convention and established an important precedent in Canadian history. In Canada's Senate Chamber, the five women are honoured with a plaque that reads, "To further the cause of womankind these five outstanding pioneer women caused steps to be taken resulting in the recognition by the Privy Council of women as persons eligible for appointment to the Senate of Canada." Murphy, along with the rest of the Famous Five, was featured on the back of one of the Canadian 50-dollar bills issued in 2004 as part of the Canadian Journey Series.
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of
Narcotic Control because of the creative liberties she took in presenting research they had assisted her with. According to Carstairs, "There were insinuations in the records that the bureaucrats at the division of narcotic control did not think highly of Emily Murphy and did not pay attention to what she was writing about. They didn't consider her a particularly accurate or valuable source."
689:. It has been speculated that today's drug laws are built on the racist foundations laid by Murphy and that the drug war has harmed more women than the Persons Case has benefited. Conversely, Murphy's defenders note that she was writing at a time when white racism was typical, not exceptional and that Murphy's views were more progressive than many of her peers.
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249:, the third child of Isaac Ferguson and Emily Gowan. Isaac Ferguson was a successful businessman and property owner. As a child, Murphy frequently joined her two older brothers Thomas and Gowan in their adventures; their father encouraged this behaviour and often had his sons and daughters share responsibilities equally.
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for forced sterilization. In a petition, she wrote that mentally defective children were "a menace to society and an enormous cost to the state ... science is proving that mental defectiveness is a transmittable hereditary condition". She wrote to the UFA government's
Minister of Agriculture and
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In 1917, she headed the battle to have women declared as "persons" in Canada, and, consequently, qualified to serve in the Senate. With the achievement of female suffrage achieved (or about to be) at least in
English Canada, the legal obstacle preventing the appointment of women to the Senate was the
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Canadian drug historian
Catherine Carstairs has argued that there is little documentary evidence on which to determine how early Canadian drug policy was formed. Although Murphy's anti-drug screeds were widely read and helped spread the drug panic across Canada, she was not respected by the Division
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However, her appointment as a judge became the cause for her greatest adversity concerning women within the law. In her first case in
Alberta on 1 July 1916, she found the prisoner guilty. The prisoner's lawyer called into question her right to pass a sentence since she was not legally a person. The
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unveils a plaque commemorating the five
Alberta women whose efforts resulted in the Persons Case. : Mrs. Muir Edwards, daughter-in-law of Henrietta Muir Edwards; Mrs. J.C. Kenwood, daughter of Judge Emily Murphy; Hon. W.L. Mackenzie King; Mrs. Nellie McClung. : Senators Iva Campbell Fallis, Cairine
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Murphy was among those who thought that societal problems like alcoholism, drug abuse and crime resulted from mental deficiencies. In a 1932 article titled "Overpopulation and Birth
Control", she states: "over-population basic problem of all ... none of our troubles can even be allayed until
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Her strong interest in the rights and protection of women and children intensified when she was made aware of an unjust experience of an
Albertan woman whose husband sold the family farm; the husband then abandoned his wife and children who were left homeless and penniless. At that time, property
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At the age of 40, when her children became independent and began their separate lives, Murphy began to actively organize women's groups where the isolated housewives could meet and discuss ideas and plan group projects. In addition to these organizations, Murphy began to speak openly and frankly
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was written "for the express purpose of arousing public demands for stricter drug legislation" and that in this she was to some degree successful. This motivation may have influenced her racial analysis by playing to the popular prejudices of her white audiences. On the other hand, she may have
472:, Murphy was denied a chance to sit in the Senate again in 1931, because the vacancy had been caused by the death of a Catholic senator, and Murphy was a Protestant. (Meat-packer Robert Burns got the seat.) Murphy died in 1933 without fulfilling her dream of sitting in Canada's upper chamber.
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In 1916, Murphy, along with a group of women, attempted to observe a trial for women who were labelled prostitutes and were arrested for "questionable" circumstances. The women were asked to leave the courtroom on the claims that the statement was not "fit for mixed company". This outcome was
545:". Murphy's concern with drugs began when she started coming into "disproportionate contact with Chinese people" in her courtroom because they were over-represented in the criminal justice system. In addition to professional expertise and her own observations, Murphy was also given a tour of
237:, she wrote: "It is hardly credible that the average Chinese peddler has any definite idea in his mind of bringing about the downfall of the white race, his swaying motive being probably that of greed, but in the hands of his superiors, he may become a powerful instrument to that end."
620:, theorized that the only reason for war was that nation needed to fight for land to accommodate their growing populations. She argued that people would not need as much land if there was population control. Without the constant need for more land, the war would cease to exist.
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This case motivated Murphy to create a campaign that assured the property rights of married women. With the support of many rural women, Murphy began to pressure the
Alberta government to allow women to retain the rights of their land. In 1916, Murphy successfully persuaded the
627:. Murphy supported selective breeding and the compulsory sterilization of those individuals who were considered mentally deficient. She believed that the mentally and socially inferior reproduced more than the "human thoroughbreds" and appealed to the
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Murphy began to work on a plan to ask for clarification of how women were regarded in the BNA act and how they were to become
Senators. She enlisted the help of four other Albertan women and on 27 August 1927 she and human rights activist and ex-MLA
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Carstairs also states that while Murphy was not the primary cause of the drug panic in Vancouver, but that nevertheless "her articles did mark a turning point and her book ... brought the Vancouver drug panic to a larger Canadian audience".
700:(at 11011 - 88th Avenue) is on the Canadian Register of Historic People and Places. She lived in this home from 1919 until she died in 1933. It is now located on the campus of the University of Alberta and houses the Student Legal Services.
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185:, Jane Price, E. Cullen and Cecilia Dixon of Australia (all appointed to office in 1915). She is best known for her contributions to Canadian feminism, specifically to the question of whether women were "persons" under Canadian law.
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The women's petition set out two questions, but the federal government re-framed it as one question, asking the Supreme Court: "Does the word 'person' in Section 24 of the British North America Act include female persons?"
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unacceptable to Murphy and she protested to the provincial Attorney General. "If the evidence is not fit company," she argued, "then the government must set up a special court presided over by women, to try other women".
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Murphy's success in the fight for the Dower Act, along with her work through the Local Council of Women and her increasing awareness of women's rights, influenced her request for a female magistrate in the women's court.
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is considered the most consequential because it played a role in creating a widespread "war on drugs mentality" leading to legislation that "defined addiction as a law enforcement problem". A series of articles in
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last area in which women were not legal equals to men in Canadian political affairs. Edmonton lawyer, Eardley Jackson, challenged her position as judge because women were not considered "persons" under the
380:. This understanding was based on a British common law ruling of 1876, which stated, "women were eligible for pains and penalties, but not rights and privileges." His appeal was rejected out of hand.
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to pass the Dower Act that would allow a woman legal rights to one-third of her husband's property. Murphy's reputation as a women's rights activist was established by this first political victory.
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Despite the ruling, Murphy never did serve in the Senate. After the ruling, the first seat to open up in the Senate was in Quebec - Murphy lived in Alberta. As well, the Prime Minister at the time,
446:, the Privy Council declared that 'persons' in Section 24 of the BNA Act of 1867 should be interpreted to include both males and females; therefore, women were eligible to serve in the Senate.
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In 1887, they married, and subsequently had four daughters: Madeleine, Evelyn, Doris and Kathleen. Doris died. After Doris's death, the family decided to try a new setting and moved west to
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by the government of Canada. A plaque commemorating this is installed at Emily Murphy Park on Emily Murphy Park Road in Edmonton. The "National Persons" case was recognized in 1997 as a
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that two female "feeble-minded" mental patients had already bred several offspring. She called it "a neglect amounting to a crime to permit these two women to go on bearing children".
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of Alberta and her allegations that a ring of immigrants from other countries, particularly China, would corrupt the white race by getting Canadians hooked on drugs. In her book
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in 1830, and two uncles, one a Supreme Court justice and the other a senator. Her brother also became a lawyer and another member of the Supreme Court. Another uncle was
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Recent memorializing of the Famous Five, such as the illustration on the back of the fifty-dollar bill, has been used as the occasion for re-evaluating Murphy's legacy.
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Due in part to Murphy's heavy advocacy of compulsory sterilization, thousands of Albertan men and women were sterilized without their knowledge or consent under the
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584:, while the more prolific "black and yellow races may yet obtain the ascendancy" and thus threatened to "wrest the leadership of the world from the British".
275:, an exclusive Anglican private school for girls in Toronto where, through a friend, she met her future husband Arthur Murphy, who was 11 years her senior.
1911:
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emerged at the forefront of social importance. Advances in science and technology were thought to hold answers to current and future social problems.
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deliberately tried to distance herself from those prejudices, especially the ones propagated by the more vulgar and excitable Asian exclusionists in
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While Arthur was working as an Anglican priest, Murphy explored her new surroundings and became increasingly aware of the poverty that existed.
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views and her advocation of eugenics. In addition to being against immigration, she was a strong supporter of Alberta's legislation for the
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1263:"Deporting "Ah Sin" to Save the White Race: Moral Panic, Racialization, and the Extension of Canadian Drug Laws in the 1920s"
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1976:
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Backhouse, Constance (Fall 1996). "The White Women's Labor Laws: Anti-Chinese Racism in Early Twentieth-Century Canada".
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in March 1928. The Court held that women were not qualified to sit in the Senate. The five women then appealed to the
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Murphy benefited from parents who supported their daughter's receiving a formal academic education. She attended
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In October 2009, the Senate voted to name Murphy and the rest of the Five Canada's first "honorary senators".
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and the Montreal Women's Club also supported the resolution, selecting Murphy as their preferred candidate.
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Although Murphy's views on race changed over the course of her life, the perspective contained in her book
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Murphy's distaste for non-whites is reflected in scholarly debates, but what is not controversial is that
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law in 1928, requiring parents' or guardians' approval of the operation. Later, after Murphy's death,
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This article is about the Canadian women's rights activist. For the American government official, see
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Murphy's request was approved and she became the first woman police magistrate in the
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about the disadvantaged and the poor living conditions that surrounded their society.
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However, there has been some criticism of her later work, mainly for her role in the
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activists especially have criticized Murphy as part of the movement to discredit
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1058:"Petition of August 27, 1927, containing the five Alberta women's two questions"
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The Persons case : the origins and legacy of the fight for legal personhood
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1841:
Emily Murphy – Celebrating Women's Achievements/Women in Canadian Legislatures
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387:, which passed a resolution calling for a female senator to be appointed. The
224:, the court of last resort for Canada at that time, the women won their case.
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1653:. The Canadians (2nd ed.). Toronto, Ontario: Fitzhenry & Whiteside.
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212:," contending that women could be "qualified persons" eligible to sit in the
647:'s Social Credit government amended the law to allow forced sterilization.
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1500:"Speech presented as part of the Famous Five Foundation Mentorship series"
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over drugs that was part of the anti-Asian campaign that precipitated the
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in Canada, detailing Murphy's understanding of the use and effects of
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759:(1st ed.). Toronto, Ontario: Doubleday Canada. pp. 31–32.
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1240:...it's understandable why people would later link the decision to
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Emily Murphy, Rebel: First Female Magistrate in the British Empire
1143:
Demon Drugs and Holy Wars: Canadian Drug Policy as Symbolic Action
530:
338:
298:
162:; 14 March 1868 – 27 October 1933) was a Canadian
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Rethinking First-Wave Feminism Through the Ideas of Emily Murphy
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Rethinking First-Wave Feminism Through the Ideas of Emily Murphy
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Rethinking First-Wave Feminism Through the Ideas of Emily Murphy
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to maximize her credibility and sway her more moderate readers.
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magazine under her pen name, "Janey Canuck", forms the basis of
252:
Murphy grew up under the influence of her maternal grandfather,
1209:
Canadian Holy War: A Story of Clans, Tongs, Murder, and Bigotry
1754:
https://www.thecanadianencyclopedia.ca/en/article/emily-murphy
1601:
Murphy, Emily Ferguson 'Janey Canuck' National Historic Person
383:
In 1919, Murphy presided over the inaugural conference of the
1687:
Emily Murphy : portrait of a social reformer (Microform)
1212:. Vancouver, British Columbia: Heritage House. pp. 9–21.
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Her legacy is disputed, with her important contributions to
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The five appellants in the Person's Case were known as the
1551:
Floren, Erik (3 October 2004). "Emily Murphy's Legacy".
1672:(MA thesis). Edmonton, Alberta: University of Alberta.
1344:. Toronto, Ontario: Thomas Allen Publisher. p. 233
1164:. Toronto, Ontario: Thomas Allen Publisher. p. 331
1371:. Toronto, Ontario: Thomas Allen Publisher. p. 59
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in Britain. On 18 October 1929, in a decision called
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ruled that they were not. However, upon appeal to the
1244:. But Carstairs says it's probably just happenstance.
1145:(MA thesis). University of New Brunswick. p. 36.
1729:. Toronto, Ontario: The Macmillan Company of Canada.
909:. Toronto: University of Toronto Press. p. 21.
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was practised in some North American jurisdictions.
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1942:Persons of National Historic Significance (Canada)
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960:The Women's Book of World Records and Achievements
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521:. Using extensive anecdotes and "expert" opinion,
1670:Emily Murphy : portrait of a social reformer
1317:(MA thesis). University of Victoria. p. 56.
1187:(MA thesis). University of Victoria. p. 53.
1119:(MA thesis). University of Victoria. p. 49.
905:Sharpe, Robert, J; McMahon, Patricia, I. (2007).
256:, a politician who founded a local branch of the
1742:. Toronto, Ontario: Clarke, Irwin & Company.
1689:. Ottawa, Ontario: National Library of Canada.
1088:"Alberta's Famous Five named honorary senators"
894:. Brampton ON: The County of Peel. p. 150.
892:A history of Peel County: to mark its centenary
756:Women of Influence: Canadian Women and Politics
557:. Vancouver at the time was in the midst of a
407:, and sitting Alberta cabinet minister and MLA
222:Judicial Committee of the British Privy Council
1225:"Marijuana was criminalized in 1923, but why?"
612:this is remedied". As the politics behind the
1046:: Harcourt Brace Jovanovich. pp. 282–83.
999:. University of Nebraska Press. p. 320.
8:
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937:: CS1 maint: multiple names: authors list (
367:Provincial Supreme Court denied the appeal.
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1625:Directory of Federal Heritage Designations
1605:Directory of Federal Heritage Designations
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303:Statue of Emily Murphy in the monument to
53:
42:
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1158:"Chapter XXIII. Marahuana - A New Menace"
1710:. Toronto, Ontario: Simon & Pierre.
705:Person of National Historic Significance
623:Her solution to these social issues was
616:continued to develop, Murphy, who was a
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268:, who was a lawyer, judge, and senator.
1962:20th-century Canadian women politicians
1727:Emily Murphy: Crusader ("Janey Canuck")
1575:. University of Alberta. Archived from
1206:MacDonald, Ian; O'Keefe, Betty (2000).
720:
440:Judicial Committee of the Privy Council
403:, women's rights campaigner and author
173:. In 1916, she became the first female
1034:; Brandt, Gail Cuthbert; Light, Beth;
930:
385:Federated Women's Institutes of Canada
1892:Canadian women human rights activists
1502:. Famous 5 Foundation. Archived from
1025:
1023:
955:"Women in Law and the Justice System"
666:being weighed against her racist and
415:, asking that the federal government
319:laws did not leave the wife with any
7:
1621:Persons Case National Historic Event
1267:Canadian Bulletin of Medical History
604:During the early twentieth century,
444:Edwards v. Canada (Attorney General)
833:Bourrie, Mark (30 September 2012).
208:. In 1927, the women launched the "
1912:20th-century Canadian women judges
672:Sexual Sterilization of the Insane
36:. For the English footballer, see
25:
1957:20th-century Canadian politicians
958:. In O'Neill, Lois Decker (ed.).
808:"To some, it's the Infamous Five"
806:Yedlin, Deborah (18 March 2009).
729:"Emily Murphy | Historica Canada"
711:with a plaque at the same place.
703:In 1958, she was recognized as a
1738:Famous Women: Canadian Portraits
1685:Karamitsanis, Aphrodite (1992).
1668:Karamitsanis, Aphrodite (1991).
1631:. Retrieved 28 September 2015.
1467:Murphy, Emily (September 1932).
1338:"Chapter XIII. Girls as Pedlars"
997:Encyclopedia of the Great Plains
865:Celebrating Women's Achievements
639:The UFA government brought in a
499:The cover of Murphy's 1922 book
335:Appointment as female magistrate
264:, an MP, and she was related to
1897:Canadian human rights activists
1847:Historica Minutes: Emily Murphy
1525:Harper, Debra (November 2004).
563:Chinese Immigration Act of 1923
525:depicts an alarming picture of
177:in Canada and the fifth in the
135:
1937:Politicians from Simcoe County
1902:Canadian justices of the peace
1223:Daniel, Schartz (3 May 2014).
541:, as well as a "new menace", "
464:After the Conservatives under
378:British North America Act 1867
1:
1987:Bishop Strachan School alumni
1932:Maclean's writers and editors
1469:"Sterilization of the Insane"
1261:Carstairs, Catherine (1999).
890:Charters, C. V., ed. (1967).
835:"A pioneer in the war on pot"
430:The campaign became known as
1917:20th-century Canadian judges
1907:Canadian Christian pacifists
1839:Library and Archives Canada
1830:Resources in other libraries
1806:Resources in other libraries
1734:Sanders, Byrne Hope (1958).
1725:Sanders, Byrne Hope (1945).
1365:"Chapter VI. Heroin Slavery"
952:Horowitz, Janice M. (1979).
629:Alberta Legislative Assembly
110:Magistrate, activist, author
1947:Canadian white supremacists
1877:Canadian cannabis activists
1498:Wong, Jan (17 April 1998).
1473:Alberta Online Encyclopedia
1457:Knowledge: Alberta Eugenics
1066:Library and Archives Canada
869:Library and Archives Canada
683:Marijuana decriminalization
654:before its repeal in 1972.
451:William Lyon Mackenzie King
411:signed the petition to the
344:William Lyon Mackenzie King
188:Murphy is known as one of "
2003:
1982:Writers from Simcoe County
1704:Mander, Christine (1985).
1313:Smith, Alisa Dawn (1997).
1183:Smith, Alisa Dawn (1997).
1115:Smith, Alisa Dawn (1997).
31:
1972:Canadian women columnists
1952:Women in Alberta politics
1825:Resources in your library
1801:Resources in your library
1363:Murphy, Emily F. (1922).
1336:Murphy, Emily F. (1922).
1156:Murphy, Emily F. (1922).
1141:Tooley, Jennifer (1999).
1040:Canadian Women: A History
987:Kaye, Frances W. (2004).
389:National Council of Women
307:, Parliament Hill, Ottawa
245:Emily Murphy was born in
52:
38:Emily Murphy (footballer)
1770:Works by Emily F. Murphy
962:. Anchor Press. p.
692:Emily Murphy's house in
676:compulsory sterilization
652:Sexual Sterilization Act
230:Sexual Sterilization Act
1752:Canadian Encyclopedia (
1038:; Black, Naomi (1988).
861:"Emily Ferguson Murphy"
709:National Historic Event
555:local police detectives
436:Supreme Court of Canada
421:Supreme Court of Canada
262:Thomas Roberts Ferguson
218:Supreme Court of Canada
183:Elizabeth Webb Nicholls
118:Women's rights activist
1392:Law and History Review
733:www.historicacanada.ca
503:
348:
308:
282:, in 1903 and then to
273:Bishop Strachan School
194:Henrietta Muir Edwards
1761:Works by Emily Murphy
1645:James, Donna (2001).
1438:The Eugenics Archives
753:Kome, Penney (1985).
687:marijuana prohibition
551:Vancouver's Chinatown
498:
470:1930 federal election
342:
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1977:Feminist eugenicists
1927:Cannabis prohibition
1882:Canadian eugenicists
1280:10.3138/cbmh.16.1.65
715:Notes and references
606:scientific knowledge
280:Swan River, Manitoba
160:Emily Gowan Ferguson
66:Emily Gowan Ferguson
1967:Canadian columnists
1582:on 12 December 2017
329:Alberta legislature
27:Canadian politician
1922:Cannabis in Canada
1887:Canadian feminists
1872:Canadian Anglicans
1570:"North Campus Map"
1479:on 8 December 2010
1093:The Globe and Mail
1030:Prentice, Alison;
787:. Historica Canada
504:
349:
309:
266:James Robert Gowan
247:Cookstown, Ontario
80:Cookstown, Ontario
1782:Library resources
1765:Project Gutenberg
1527:"Emily's Paradox"
1096:. 11 October 2009
1036:Mitchinson, Wendy
993:Wishart, David J.
916:978-1-4426-8498-0
766:978-0-385-23140-4
600:Eugenics movement
405:Henrietta Edwards
284:Edmonton, Alberta
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99:Edmonton, Alberta
16:(Redirected from
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1068:. 27 August 1927
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1867:1933 deaths
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818:18 December
559:moral panic
477:Famous Five
286:, in 1907.
1856:Categories
1845:Historica
1774:Faded Page
1443:27 October
547:opium dens
527:drug abuse
461:in 1930.
241:Early life
175:magistrate
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925:743371175
841:. Toronto
814:. Toronto
543:marijuana
514:Maclean's
399:, ex-MLA
295:Dower Act
1776:(Canada)
1297:11624337
1229:CBC News
875:19 March
694:Edmonton
668:nativist
664:feminism
641:eugenics
632:Health,
625:eugenics
618:pacifist
468:won the
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167:activist
146:Children
101:, Canada
82:, Canada
1586:24 July
1558:Alt URL
1536:24 July
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1580:(PDF)
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