Chronology of Some Legal Landmarks in the History
of Canadian Women
Susan Altschul* and Christine Carron**
1774 Pre-Confederation:
The British North America (Quebec) Act, 1774, 14 Geo.III,
c.83 (U.K.), commonly referred to as the Quebec Act, 1774,
provides for a system of Civil Law in the Province of Quebec.
1791 Pre-Confederation:
The Clergy Endowments (Canada) Act, 1791, 31 Geo.III, c.31,
commonly referred to as the Constitutional Act, 1791, gives the
vote to all “persons” in Upper and Lower Canada who meet
certain requirements as to property (s.20); but this will
change in 1831 (see below).
1801 Lower Canada:
Married women can dispose of property by testament to their
husbands; An Act to explain and amend the law respecting
Last Wills and Testaments, 41 Geo.III, c.4 (Lower Canada).
1831 Lower Canada:
An Act for rendering valid Conveyances of Lands and other
immoveable Property held in Free and Common Soccage with-
in the Province of Lower Canada, and for other purposes
therein mentioned, 9 Geo.IV, c.77 is passed. Land held in free
and common socage must be disposed of according to the
law of England, which at this time did not recognize the right
of a married woman to hold property. Since the right to vote
in a legislative election is contingent on certain property re-
quirements, this Act severely restricts the right of a married
woman to vote in such an election.
* B.C.L. (McGill), Member of the Bar of Quebec.
** M.A., B.C.L. II (McGill), Member of the Junior Editorial Board, McGill Law
Journal, Volume 22.
The authors would like to emphasize that this Chronology is not exhaustive
but attempts to highlight major developments in the law.
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1845 Province of Canada:
Married women can renounce to dower; Acte pour amender
l’Ordonnance et I’Acte y mentionngs, concernant l’Enregistre-
ment des Titres et des Biens immeubles, dans le Bas Canada,
ou les Hypoth~ques dont ils sont grevds, 8 Vict., c.27, s.4
(Prov. of Canada).
1849 Province of Canada:
An Act consolidating various legislative assembly elections Acts
is passed and specifically excludes women from voting in any
“County or Riding, City or Town”; An Act to repeal certain
Acts therein mentioned, and to amend, consolidate, and reduce
into one Act, the several Statutory provisions now in force for
the regulation of Elections of Members to represent the
People of this Province in the Legislative Assembly thereof,
12 Vict., c.27, s.46 (Prov. of Canada).
1866 Lower Canada:
Birth of the Civil Code, based partly on the French Civil Code
of 1804 and partly on local custom: A married woman is
legally incapable of contracting or of appearing before the
courts (art.986); she may not engage in a calling distinct from
that of her husband, nor engage in commerce without his
consent (art.181); in community of property only the husband
can administer and dispose of the joint property (art.1292),
while in separation of property the wife can administer, but
not dispose of, her own property (arts.1422 and 1424); mothers
have the right to supervise and correct children only if the
father defaults (art.245);
they cannot act as tutors of minor
children alone (art.282). This resembles
the position of
married women at common law a century earlier, summed up
by Blackstone as follows: “By marriage, the husband and
wife are one person in law: that is, the very being or legal
existence of the woman is suspended during the marriage”;
Wendell’s Blackstone’s Commentaries (1857), vol.1, 441.
1872 Common law provinces:
ONTARIO passes the Married Women’s Property Act, 1872, 35
Vict., c.16 which allows a married woman to hold and dispose
of property as if she were unmarried, and to enter into con-
tracts –
NEWFOUNDLAND passes an Act entitled Of Deserted Wives and
Children, C.S.N. 1872, c.108 providing financial relief for
abandoned wives and children.
the first province to pass such an Act.
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1873 Common law provinces:
BRITISH COLUMBIA passes the Married Women’s Property Act,
1873, 36 Vict., c.116.
1875 Common law provinces:
MANITOBA passes the Married Women’s Act of Manitoba, 38
Vict., c.25.
1876 Common law provinces:
NEWFOUNDLAND passes the Married Women’s Property Act of
1876, see C.S.N. 1916, c.112, s.23.
1884 Common law provinces:
NOVA SCOTIA passes the Married Women’s Property Act, 1884,
47 Vict., c.12.
ONTARIO passes The Municipal Amendment Act 1884, 47 Vict.,
c.32 which allows unmarried women and widows who own
property to vote in local elections.
1885 Canada:
The Electoral Franchise Act, 48-49 Vict., c.40 defines a “person”
who may vote in federal elections as “a male person, including
an Indian and excluding a person of Mongolian or Chinese
origin” (s.2).
1892 Quebec:
An Act to extend the franchise to spinsters and widows in
municipal and school matters, 55-56 Vict., c.35 gives to widows
and unmarried women the right to vote in municipal and
school elections (ss.1 and 2). Married women will acquire
these rights in 1941 (see below).
1895 Common law provinces:
NEW BRUNSWICK passes The Married Women’s Property Act,
58 Vict., c.24.
1896 Common law provinces:
PRINCE EDWARD ISLAND passes the Married Women’s Property
Act, 59 Vict., c.5.
1897 Common law provinces:
ONTARIO: Clara Brett Martin is called to the Bar of Ontario,
becoming the first woman lawyer in the British Empire. By
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1923 the other provinces will have admitted women, but
Quebec women must wait until 1941 (see below); MacLellan,
“History of Women’s Rights in Canada” in Cultural Tradition
and Political History of Women in Canada (1971), Royal Com-
mission on the Status of Women in Canada, Study No.8, 9.
Twenty-seven years earlier, the U.S. Supreme Court barred
women from practicing law because of “natural and proper
timidity and delicacy”; Time Magazine, special issue on The
New Woman, March 20, 1972, 67. Canadian male lawyers were
equally askance “to see a woman seeking a profession where
she is bound to meet much that. would offend the natural
modesty of her sex”; Can.L.J. (1896) vol.XXXII, no.10, 423.
1900 Common law provinces:
MANITOBA passes An Act respecting the Protection of Married
Women in certain cases, 63-64 Vict., c.28 which gives protection
to wives and children abandoned by the husband.
1901 Common law provinces:
BRITISH COLUMBIA passes the Deserted Wives’ Maintenanc8
Act, 1901, 1 Edw. VII, c.18.
1907 Common law provinces:
SASKATCHEWAN passes The Married Woman’s Property Act, 7
Edw.VII, c.18.
1911 Common law provinces:
ONTARIO passes The Deserted Wives’ Maintenance Act, 1
Geo.V, c.34.
SASKATCHEWAN passes The Deserted Wives’ Maintenance Act,
1 Geo.V, c.14.
1913 Common law provinces:
ALBERTA passes An Act respecting Infants, 3 Geo.V, c.13 (2nd
Sess.) allowing the mother to petition the court for custody of
the children; she will be given powers, rights and obligations
equal to those of her husband in 1920 (see below).
1915 Quebec:
The “Loi P6rodeau” amends the Civil Code to allow one spouse
to inherit part of the estate if the other dies without a will;
Loi amendant le Code civil relativement aux successions, 5
Geo.V, c.74, ss.624(a), (b) and (c).-
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1916 Common law provinces:
Women are given the right to vote in provincial elections in
three provinces:
ALBERTA: The Equal Suffrage Statutory Law Amendment Act,
6 Geo.V, c.5.
MANITOBA: An Act to amend “The Manitoba Election Act”, 6
Geo.V, c.36.
SASKATCHEWAN: An Act to amend The Statute Law, 6 Geo.V,
c.37, s.1.
1917 Common law provinces:
Women are given voting rights in two provinces:
BRITISH COLUMBIA: Provincial Elections Act Amendment Act,
1917, 7-8 Geo.V, c.23.
ONTARIO: The Ontario Franchise Act, 1917, 7 Geo.V, c.5 which,
however, does not give women the ancillary right to hold
office; this will be added in 1919 (see below).
BRITISH COLUMBIA passes” the Equal Guardianship of Infants
Act, 7-8 Geo.V, c.27 and becomes the first province to give the
mother powers, rights and obligations equal to those of the
father regarding the care, custody, education and control of
their children.
1918 Canada:
An Act to confer the Electoral Franchise upon Women, 8-9
Geo.V, c.20 gives women the vote in federal elections two years
ahead of the United States and ten years ahead of Great
Britain.
Common law provinces:
NovA SCOTIA passes The Nova Scotia Franchise Act, 8-9 Geo.V,
c.2 giving women the right to vote in provincial elections.
1919 Quebec:
The Women’s Minimum Wages Act, 9 Geo.V, c.11 provides for
a Commission to investigate working conditions and wages
and to set minimum standards if it finds them insufficient.
1920 Canada:
The Dominion Elections Act, R.S.C. 1906, c.6 is amended by
10-11 Geo.V, c.46 to give women the right to hold political office
and sit in Parliament (s.38).
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Common law provinces:
NEW BRUNSWICK passes An Act to extend the electoral fran-
chise to women, and to amend the New Brunswick Electors
Act, 9 Geo.V, c.63; the right to hold office is omitted but will
be added in 1934 (see below).
ONTARIO passes The Women’s Assembly Qualification Act,
1919, 9 Geo.V, c.8 giving women the right to be elected to the
Legislative Assembly.
1920 Common law provinces:
ALBERTA passes An Act to amend An Act respecting Infants,
and to Provide for Equal Parental Rights, 10 Geo.V, c.10.
1921 Common law provinces:
BRITISH COLUMBIA passes An Act concerning the Employment
of Women before and after Childbirth, 11 Geo.V, c.37 and
becomes the first province to provide maternity leave for
working women: Before “confinement” a woman may take
up to six weeks leave of absence; she is not permitted to
work during the six weeks following “confinement” and in
the case of a woman nursing a child, she shall be given half
an hour off, twice a day, for this purpose (s.3); any employer
contravening these provisions is subject to a penalty not
exceeding $1,000 (s.5); subsequent to the period of “con-
finement”, it is unlawful for an employer to give a woman
notice of dismissal because of her. absence (s.5).
1922 Common law provinces:
ALBERTA passes An Act respecting the Rights and Property of
Married Women, 12 Geo.V, c.10.
MANITOBA passes An Act respecting the Welfare of Children,
12 Geo.V, c.2 giving parents joint custody and control over
children (s.123).
PRINCE EDWARD ISLAND gives women the right to vote; The
Election Act, 1922, 12 Geo.V, c.5.
1925 Common law provinces:
NEWFOUNDLAND gives women the vote at age 25; An Act to
amend Chapter 3 of the Consolidated Statutes of New-
foundland (Third Series) entitled “Of the Election of Mem-
bers of the House of Assembly”, 15 Geo.V, c.7. The age will
be lowered to 21 in 1954 (see below).
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1926 Common law provinces:
NEW BRUNSWICK passes The Deserted Wives’ and Children’s
Maintenance Act, 1926, 16 Geo.V, c.11.
SASKATCHEWAN passes An Act to amend The Infants Act, S.S.
1925-26, c.42 giving joint guardianship to parents.
1927 Common law provinces:
ONTARIO passes The Infants Act, 1927, 17 Geo.V, c.50 giving
the parents joint custody.
1928 Canada:
In the matter of a reference as to the meaning of the word
“Persons” in section 24 of the British North America Act,
1867 [1928] S.C.R. 276: The Supreme Court rules that women
are not among the “qualified persons” who may be called to
the Senate under the terms of the B.N.A. Act, since that Act
was passed in 1867 when women had no legal capacity.
1930 Canada:
Henrietta Muir Edwards v. A.G. for Canada [1930] A.C. 124:
The Privy Council overrules the SuDreme Court decision in
the “Persons” case (see 1928 above), and women are pro-
nounced legal persons.
1931 Quebec:
An Act to amend the Civil Code and the Code of Civil Procedure
respecting the civil rights of women, 21 Geo.V, c.101 is passed,
following the recommendations of the Dorion Commission.
Implemented immediately are: Control by the wife over her
earnings and damages for injury (art.1425a); free disposal of
moveable property by women married in separation (art.1422);
full legal capacity for women separate as to bed and board
(art.210); increased facility for obtaining separation of pro-
perty (arts.1311, 1312; 1313, 1314c, 1314d repealed).
1934 Common law provinces:
NEW BRUNSWICK passes An Act To Amend “The Elections
Act”, being Chapter 4 of The Revised Statutes, 1927, 24 Geo.V,
c.22 which amends The Election Act to allow women to hold
seats in the Legislative Assembly by striking the word “male”
from s.33 of that Act.
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1935 Quebec:
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A Bill introduced in the Legislative Assembly would forbid
women from working anywhere except on the farm, in the
woods or in their homes but is defeated; The Gazette, Jan.
23, 1935, 8.
1940 Quebec:
An Act granting to women the right to vote and to be eligible
as candidates, 4 Geo.VI, c.7 comes only four years after The
Quebec Election Act, 1 Edw.VIII (2d), c.8 extended full
suffrage to all men in the province.
1941 Quebec:
An Act respecting the Bar, 5 Geo.VI, c.56 finally allows the
admission of women to the Bar (after 13 attempts). They will
be permitted to become notaries in 1956 (see below).
Married women are given the vote in municipal elections: An
Act to amend the Cities and Towns’ Act, 5 Geo.VI, c.41 and
An Act to amend the Municipal Code, 5 Geo.VI, c.69.
Common law provinces:
NOVA SCOTIA passes The Wives’ and Children’s Maintenance
Act, 5 Geo.VI, c.8.
1942 Canada:
An Act to amend the Income War Tax Act, 6 Geo.VI, c.28
permits one spouse to deduct alimony and maintenance pay-
ments and obliges the other to include them in income (ss.7(1)
and 11). A further amendment in 1958 will permit these de-
ductions where spouses are living apart but are not legally
separated (see below).
1944 Quebec:
Under new federal legislation, The Family Allowance Act, 8
Geo.VI, c.40, cheques are sent to the father instead of the
mother in Quebec, since married women are still restricted as
to their legal capacity.
1945 Quebec:
The Civil Code is amended to permit wives to own amounts
paid to them personally in damage actions; art.1279a added
by An Act to amend the Civil Code, 1945, 9 Geo.VI, c.66, s.3.
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1946 Canada:
The Canadian Citizenship Act, 10 Geo.VI, c.15 now permits a
woman to retain Canadian nationality if she marries an alien.
Previously, under the Naturalization Act, 1914, 4-5 Geo.V, c.44,
ss.13 and 14, she lost Canadian citizenship.
1951 Quebec:
The Civil Code is amended to allow married women to exercise
civil rights in their maiden name; art.56a, added by An Act to
amend the Civil Code, 14-15 Geo.VI, c.42, s.1.
1952 Common law provinces:
MANITOBA allows women to sit as jurors; An Act to amend The
Jury Act, 16 Geo.VI, c.37.
1953 Canada:
The Criminal Code, R.S.C. 1927, c.36 is repealed by 2-3 Eliz.
II, c.51 enacting the new Criminal Code, s.186 of which makes
it an offence for husbands not to provide “the necessaries of
life” to wives, children and other dependents.
The Canada Fair Employment Practices Act, 1-2 Eliz.II, c.19
prohibits discrimination based on sex in the hiring of em-
ployees. The United States does not introduce similar laws
until 1964 and 1970.
1954 Quebec:
The Civil Code is finally amended to remove the double
standard regarding adultery contained in arts.187 and 188;
An Act to amend the Civil Code, 3-4 Eliz.II, c.48. Up to now a
husband could obtain separation if the wife committed adul-
tery; but a wife could only obtain separation if the husband
committed adultery and kept his mistress in the matrimonial
home. The Dorion Commission had refused to change this,
saying that women forgive more easily, and that the sting of
public ridicule is more painful for men; Casgrain, Une femme
chez les hommes (1971), 192.
Common law provinces:
NEW BRUNSWICK allows women to sit as jurors; An Act to
Amend the Jury Act, 3 Eliz.II, c.50.
NEWFOUNDLAND passes The Election Act, 1954, S.N. 1954, No.79
Which lowers the voting age for women from 25 to 21 years,
the legal age for men (s.3).
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1956 Canada:
The Female Employees Equal Pay Act, 4-5 Eliz.II, c.38 provides
equal ay for women doing “identical or substantially identical
work” to men, for the same employer (s.4).
Quebec:
An Act to amend the Notarial Atc (sic), 4-5 Eliz.II, c.62 provides
that members of either sex are eligible to become notaries
(s.3).
Common law provinces:
MANITOBA makes provision for equal pay for women by The
Equal Pay Act, 4-5 Eliz.II, c.18.
1957 Common law provinces:
ALBERTA makes provision for equal pay for women by An Act
to amend The Alberta Labour Act, 6 Eliz.II, c.38, s.41.
1958 Canada:
The Estate Tax Act, 7 Eliz.II, c.29 allows widows not to pay
succession duties on a portion of the estate they receive from
their husbands (ss.7(1)(a), (b) and (c)).
An Act to amend the Income Tax Act, 7 Eliz.II, c.32 permits
one spouse to deduct alimony or maintenance payments and
obliges the other to include them in income when the spouses
are living apart but not legally separated (s.1).
1960 Canada:
The Canadian Bill of Rights, S.C. 1960, c.44 forbids any kind of
discrimination based on sex (s.l(b)). This section was raised
unsuccessfully to challenge the Indian Act, R.S.C. 1970, c.I-6
in the case of Attorney-General of Canada v. Lavell [1974]
S.C.R. 1349 (see 1973 below).
1961 Common law provinces:
NEW BRUNSWICK passes the Female Employees Fair Re-
muneration Act, 9-10 Eliz.II, c.7 providing equal pay for “the
same work done in the same establishment” (s.3(1)).
1964 Canada:
The Canada Pension Plan, S.C. 1964, c.51 gives certain benefits
to widows but not to widowers, thus making women’s con-
tributions to the Plan less valuable (s.44). This will be
changed in 1974 (see below).
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1964 Quebec:
Claire Kirkland-Casgrain, Quebec’s only woman cabinet min-
ister, is instrumental in amending the Civil Code through
An Act respecting the legal capacity of married women, S.Q.
1963-64, c.66: The wife participates with the husband in
the moral and material control of the family and its main-
tenance, as well as the education of the children (art.174);
the wife may be authorized to take up a separate residence
when the husband’s choice of residence endangers the physi-
cal or moral health of the family (art.175); a married wom-
an has full legal capacity, subject only to those restric-
tions arising from her matrimonial regime (art.177); many
impediments to her capacity to contract obligations and
assume civil responsibility are removed (arts.336o and 1011);
the wife separate as to property may, to the same extent as
her husband, perform civil acts and contract civil obligations
(arts.1422 and 1424) and the wife in community of property
has the same rights subject to her husband’s consent (arts.643,
763, 906, 282, 283, 1292, 178, 1297, 182 and 1415).
An Act respecting discrimination in employment, S.Q. 1964,
c.46 covers hiring, but makes no mention of equal pay. How-
ever, such a provision will be added in 1975 (see below).
Common law provinces:
BRITISH COLUMBIA passes the Jury Act Amendment Act, 1964,
12-13 Eliz.II, c.26 which provides that women cannot be
exempted merely on the basis of their sex.
NEW BRUNSWICK: The Minimum Employment Standards Act,
S.N.B. 1964, c.8 provides maternity leave for working women
(ss.11, 12 and 13).
1966 Common law provinces:
PRINCE EDWARD ISLAND passes An Act to Amend the Jury Act,
15 Eliz.II, c.22 which allows women to sit as jurors.
1967 Canada:
Appointment of the Royal Commission on the Status of
Women in Canada to investigate and recommend steps “to
ensure for women equal opportunities with men in all aspects
of Canadian society”; P.C. 1967-312, Feb. 16, 1967 which
designates the Chairman by the name of her -husband – Mrs
John Bird.
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1968 Canada:
The Divorce Act, S.C. 1967-68, c.24 allows the Governor General
in Council, on advice from the Lieutenant Governor in Council,
to declare that the superior courts of Quebec and New-
foundland shall have jurisdiction in divorce (s.22). These pro-
vinces had no divorce courts at the time of Confederation,
and they were prohibited by s.91(26) of the B.N.A. Act from
creating any after 1867. Divorces from these two provinces
had to be obtained by special Acts of the Senate. The Act
allows women a separate domicile for the purpose of divorce
(s.6); the grounds for divorce are standardized and a new
concept of “marriage breakdown” is introduced where neither
party is at fault (s.4); a husband as well as a wife may be
granted alimony (ss.l1 and 12).
An Act to amend the Income Tax Act and the Estate Tax Act,
S.C. 1968-69, c.33 makes the inheritance received by widows
from their husbands entirely exempt from succession duties
(s.3).
Common law provinces:
ONTARIO passes The Employment Standards Act, 1968, S.O.
1968, c.35 which gives equal pay to women employed “for the
same work performed in the same establishment, the per-
formance of which requires equal skill, effort and responsi-
bility, and which is performed under similar working condi-
tions” (s.19).
ISLAND passes a Human Rights Code, 17
PRINCE EDWARD
Eliz.II, c.24 which gives equal pay for “substantially the same
work done in the same establishment” (s.7).
1968-75 Canada:
Substantial amendments to the Income Tax Act, S.C. 1970-71-
72, c.63 which now refers to the “spouse” instead of “husband”
or “wife”. Gifts between spouses are not taxable (s.74);
women can deduct child-care expenses (s.63).
1969 Canada:
The Criminal Law Amendment Act, 1968-69, S.C. 1968-69, c.38,
s.18 amends s.237 of the Criminal Code, S.C. 1953-54, c.51 to
make abortion lawful under certain conditions, such as ap-
proval by a therapeutic abortion committee which finds that
the mother’s life or health would be endangered, and provides
for the carrying out of the operation by a qualified medical
practitioner in good faith.
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1969 Quebec:
An Act concerning matrimonial regimes, S.Q. 1969, c.77 fur-
ther amends the Civil Code: The legal matrimonial regime is
changed from community of property to partnership of ac-
quests (arts.1260 et seq.); the full legal capacity of both
partners under all regimes is established (art.177); the wife’s
consent becomes mandatory before the husband administers
their joint property (arts.181-184). Under the regime of part-
nership of acquests, the spouses live as if in separation of
property, but when the marriage ends each gets half the
“acquests” which the other acquired during the marriage
(arts.1266c and 1266d). The Ontario Law Reform Commission,
in its Report on Family Law: Part IV, Family Property Law
(1974)
recommends a very similar regime to replace the
present system of separation of property, which can leave a
wife without any assets at the end of a marriage, e.g., Murdoch
v. Murdoch [1975] 1 S.C.R. 423 (see 1973 below).
R6jane Laberge Colas is the first woman in Canada to be made
a superior court judge; (.1969) 29 R.du B. 187.
Common law provinces:
Equal pay provisions are passed by three provinces:
BRITISH COLUMBIA: Human Rights Act, S.B.C. 1969, c.10, s.4.
NOVA SCOTIA: Equal Pay Act, S.N.S. 1969, c.8, s.3.
SASKATCHEWAN: Labour Standards Act, 1969, S.S. 1969, c.24,
ss.41-50.
1970 Common law provinces:
NEWFOUNDLAND makes provision for equal pay in The New-
foundland Human Rights Code, R.S.N. 1970, c.262, s.10.
1971 Canada:
An Act to amend the Canada Labour (Standards) Code, S.C.
1970-71-72, c.50 provides equal pay for equivalent work for all
federal employees (s.8); it also provides maternity leave for
employees in jobs under federal jurisdiction (s.17) at the
suggestion of the Royal Commission on the Status of Women
in Canada. (Only two provinces have previously enacted laws
on maternity leave, British Columbia (see 1921 above) and
New Brunswick (see 1964 above)).
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The Public Service Commission establishes an Office of
Equal Opportunity for Women to promote equal employment
opportunities in the federal public service; Labour Gazette,
January 1975, 4.
Quebec:
An Act to amend the Jury Act, S.Q. 1971, c.15 finally removes
the requirements that a juror be male (s.2).
Common law provinces:
ONTARIO: Cohen v. Cohen (1971) 16 D.L.R. (3d) 241: The Court
of Appeal awards a husband alimony.
1972 Canada:
The International Labour Organization Convention 100 con-
cerning equal remuneration for men and women workers in
equivaleilt positions or doing equivalent work is ratified;
Labour Gazette, March 1974, 201.
The Canada Assistance Plan Regulations, SOR/67-62, Canada
Gazette Part II, Vol.101, No.3, February 8, 1967 are amended
by the Canada Assistance Plan Regulations, SOR/72-468, Can-
ada Gazette Part II, Vol.106, No.22, November 10, 1972 to
expand financial support for provincially-approved day-care
institutions to include operating costs.
The Canada Law Reform Commission recommends the inad-
missibility of evidence regarding the character of a victim
of a sex offence; Study paper no. 4, Character, Law of Evidence
Project (undated).
Common law provinces:
BRITISH COLUMBIA passes the Family Relations Act, S.B.C.
1972, c.20 allowing both husband and wife to ask for alimony
or maintenance (ss.5 and 11); both parents are made respon-
sible for the support of their children (s.16).
1973 Canada:
Attorney-General of Canada v. Lavell [1974] S.C.R. 1349: The
Supreme Court refuses to declare those sections of the Indian
Act which discriminate against women as contrary to the
Canadian Bill of Rights and therefore ultra vires.
Murdoch v. Murdoch [1975] 1 S.C.R. 423: The Supreme Court
holds that a farm wife has no legal interest in land belonging
to her husband, which she has helped work and develop.
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1973 Quebec:
A Council on the Status of Women is appointed to watch
over “the equality and respect of the rights and status of
women”; Council on the Status of Women Act, S.Q. 1973, c.7,
ss.2 and 3.
Common law provinces:
ALBERTA passes The Attorney-General Statutes Amendment
Act, 1973, No.2, S.A. 1973, c.61 amending the Domestic Rela-
tions Act, R.S.A. 1970, c. 113 to allow the court to grant alimony
to either husband or wife in cases where the plaintiff would be
entitled to a judgment of judicial separation or a judgment
for restitution of conjugal rights (s.5(6)); where a decree
of divorce or nullity of marriage has been obtained; the court
may order either party to secure to the other an annual sum
for a term not to exceed the lifetime of the other party
(s.5(13)). The Individual’s Rights Protection Act, S.A. 1972,
c.2 is also amended to provide that no employer shall employ
males or females performing similar work at different rates
of pay (s.9(a)).
Fiedler v. Fiedler [1974] 6 W.W.R. 320: The Supreme Court
of Alberta holds that a wife has an equal interest in land
bought during marriage which the wife has helped work. The
decision is subsequently reversed by the Court of Appeal (see
1975 below).
BRITISH COLUMBIA passes the Human Rights Code of British
Columbia Act, S.B.C. 1973, c.119 prohibiting discrimination
based on sex or marital status.
1974 Canada:
An Act to amend the Canada Pension Plan, S.C. 1974-75, c.4
provides that the children and surviving spouse may benefit
from the Pension Plan when that surviving spouse is male.
An Act to amend the Canada Pension Plan (housewives’ con-
tributions and benefits), Bill C-202, 1st Sess., 30th ParI., 1974
is introduced. “Employment” within the meaning of s.2 of the
Canada Pension Plan is defined to include the occupation of
housewife and allows housewives to contribute any amount
up to the maximum as though it were a joint contribution of
employer and employee.
The Statute Law (Veterans and Civilian War Allowances)
Amendment Act, 1974, S.C. 1974-75, c.8 provides males and
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females with equality of status under the War Veterans Allow-
ance Act, R.S.C. 1970, c.W-5 and stipulates that every male
reference in the Act is to be taken to include females unless
the section expressly excludes this interpretation (s.2).
The Citizenship Act, Bill C-20, 1st Sess., 30th Parl., 1974-75
provides that the law regarding citizenship shall apply equally
to men and women: The residence requirements are equalized
for both sexes (s.5) (as it presently stands, the law provides
that an alien wife of a Canadian citizen may be granted citizen-
ship after 1 year of residence, while the alien husband of a
Canadian citizen may not be granted citizenship until he has
resided in Canada for 5 years); legitimate children of Cana-
dian females are given the same rights as children of Cana-
dian males (s.3(1)(b)) (as the law presently stands, only the
illegitimate child of a Canadian woman has the same citizen-
ship rights as the child of a Canadian male); any woman who
has lost Canadian citizenship through marriage may reacquire
it as of right (s.10(2)(a) and (b)).
An Act to amend the Unemployment Insurance Act, Bill C-125,
1st Sess., 29th Parl., 1974 (not proceeded with in the 2nd Sess.
of the 29th Parl.) would have provided for maternity leave
of 15 weeks; however, this provision is carried over into the
Statute Law (Status of Women) Amendment Act, 1974 (see
1975 below).
1975 Canada:
Statute Law (Status of Women) Amendment Act, 1974, S.C.
1974-75, c.66 amends several existing statutes to provide for
equality of status before the law for men and women:
1) The Criminal Code, R.S.C. 1970, c.C-34, s.197(1)(b)
is
repealed and the new section requires a “married person”
(instead of “husband”) to provide the necessaries of life for
the “spouse” (instead of “wife”) (s.8(1)); s.23(3) is repealed,
removing the protection granted a married woman whose
husband commits a crime, and who, at the insistance of her
husband, aids another person who is party to her husband’s
offence (s.7);
2) The Immigration Act, R.S.C. 1970, c.I-2 is amended and
the expression “head of family” which has always been taken
to mean “husband” is deleted and replaced with terminology
capable of embracing either the husband or the wife (s.9);
3) The Public Service Employment Act, R.S.C. 1970, c.P-32
is amended to extend the prohibitions against discrimination
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under that Act to include discrimination based on marital
status or age (s.10);
4) The Pension Act, R.S.C. 1970, c.P-7, c.22 (2nd Supp.), S.C.
1972, c.12 and c.20, 1973-74, c.19 is amended to provide for
equality of status for male and female members of the armed
forces (s.11); the discrepancy between the ages up to which
a pension may be paid in respect of a male child and a female
child is removed (ss.13(1) and (2)); the Commission loses
the discretion to refuse to award an additional pension to
children of a female member of the forces, or to refuse a
pensioner who is a married woman the additional pension
(ss.13(4) and 14); a pension may now be paid to a widow who
was maintaining a member of the forces at the time of his
death, and the prohibition against payment of a pension to a
widower of a member 6f the forces is deleted (s.15); the
discrepancy between the ages up to which a brother or sister
of a member of the forces can be paid a pension is removed
(s.16(1) and (2)).
5) The National Defence Act, R.S.C. 1970, c.N-4, c.44 (1st
Supp.), c.10 (2nd Supp.), S.C. 1972, c.13 is amended to substi-
tute the word “persons” for “boys” so as to allow girls to join
cadet organizations (s.21).
6) The Unemployment Insurance Act, S.C. 1970-71-72, c.48,
1973-74, c.2 is amended to provide 15 weeks maternity leave
benefits to be paid within a more flexible period surrounding
the week in which confinement occurs and within the claim-
ant’s initial benefit period (s.22).
7) The Civilian War Pensions and Allowances Act, R.S.C.
1970, c.C-20, c.3 (2nd Supp.), S.C. 1972, c.12 is amended to
allow a pension to be paid to a woman who was not a de-
pendent of her deceased spouse, or who was not wholly or
substantially maintained by him (ss.18 and 19).
8) The Canada Elections Act, R.S.C. 1970, c.14 (1st Supp.)
as amended by R.S.C. 1970, c.10 (2nd Supp.) and S.C. 1973-74,
c.51 is amended to establish, inter alia, the same residence pro-
visions for husbands of temporary workers as now exist for
wives of temporary workers under that Act (s.2).
The Canadian Human Rights Act, Bill C-72, 1st Sess., 30th
Parl., 1974-75 provides for the establishment of a Canadian
Human Rights Commission to hear complaints of discrimina-
tion based on, inter alia, sex and marital status. If a complaint
is well-founded, the Commission may appoint a conciliator
to settle the matter, or a Human Rights Tribunal to conduct
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a public hearing. The Tribunal may order that a discriminatory
practice cease and that those rights denied be given the
complainant. It may also compensate the complainant with an
award of up to $5,000.00. A discriminatory practice is defined
to include denying an individual access to services, facilities
or accommodations ordinarily available to the general public;
the Bill applies to discrimination in employment, leased com-
mercial premises or residential accommodations. Trade unions
excluding, suspending or expelling anyone for discriminatory
reasons would be subject to the legislation.
Attorney-General of Canada v. Canard (1975) 52 D.L.R. (3d)
548: The Supreme Court refuses to declare that those sections
of the Indian Act denying an Indian woman the right to act
as administratrix of her husband’s estate are contrary to the
Canadian Bill of Rights.
Morgentaler v. The Queen (1975) 53 D.L.R. (3d) 161: The
Supreme Court rejects the defence’s argument that the restric-
tions on abortion provided by the Criminal Code are un-
constitutional. The Court upholds the decision of the Quebec
Court of Appeal, overturning the jury’s verdict of acquittal
and entering a verdict of guilty.
Quebec:
Charter of human rights and freedoms, Bill 50, 3d Sess.,
30th Leg., Que.Nat.Ass., 1975, assented to June 27, 1975 pro-
vides for equal pay for equal work for “members of the
personnel of the same firm carrying on their duties at the
same place” (s.43).
Common law provinces:
ALBERTA: Fiedler v. Fiedler [1975] 3 W.W.R. 681: The Supreme
Court of Alberta, Appellate Division, reverses the lower court
decision and holds that a wife has no legal interest in land
which is acquired during marriage and which she has helped
work.
ONTARIO enacts The Family Law Reform Act, S.O. 1975, c.41
in response to the Supreme Court of Canada’s decision in
Murdoch v. Murdoch (see 1973 above). The Act provides that
married persons are given separate and distinct personalities
for all purposes of Ontario law except domicile (s.l(1));
married women now have the right to act as guardian ad
litem or next friend for an infant in a law suit (s.l(3)(b));
in the absence of an agreement to the contrary, the contribu-
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tion of money or money’s worth which one spouse makes to
the property or business owned by the other will be treated
as if made by one individual to another outside marriage
(ss.1(3)(c) and (d)); the Married Women’s Property Act,
R.S.O. 1970, c.262, ss.2-11 and 13 are repealed but not those
provisions setting out the procedure for determining disputes
between a husband and wife (s.6); however, the interest of
husband and wife in marital property is not dealt with.
