What is the Carter v. Canada case, and what does it entail?

Question

15-08-2023
Law

College

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What is the Carter v. Canada case, and what does it entail?

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meeraverma meeraverma · Answer 1 · 2024-12-21T16:55:34-05:00

Final answer:

The Carter V. Canada case, also known as the 'Persons Case' of 1929, questioned whether women were considered 'persons' under Canadian law for the purpose of Senate appointments. The Supreme Court of Canada initially ruled no, but an appeal to the Judicial Committee of the Privy Council overturned this decision, setting a precedent in constitutional law.

Explanation:

The Carter V. Canada case, often referred to simply as the 'Persons Case,' symbolizes a monumental ruling in Canadian constitutional law. The central question before the Supreme Court of Canada was: "Does the word 'Persons' in section 24 of the British North America Act, 1867, include female persons?" Initially, the Supreme Court ruled that the term 'Persons' did not include women, therefore barring them from being appointed to the Senate. This decision was based on the prevailing attitudes and intentions back in 1867, when women were not allowed to vote.

However, the petitioners appealed to the Judicial Committee of the Privy Council in London, which at that time was the highest court of appeal for Canada. On October 18, 1929, the Judicial Committee overruled the Supreme Court of Canada, declaring that women were indeed 'persons' under the law and could be appointed to the Senate. This established one of the most influential principles of constitutional interpretation in Canada, which persists to this day. The case highlights how federal rulings can set significant precedents, reflecting shifts in societal values and judicial interpretation.