Clara Brett Martin

Clara Brett Martin opened the way for women to become lawyers in Canada by being the first in the British Empire in 1897. In 1891, Martin submitted a petition to the Law Society of Upper Canada to permit her to become a student member, a prerequisite to articling as a clerk, attending lectures and sitting the exams required to receive a certificate of fitness to practice as a solicitor. Her petition was rejected by the Law Society after contentious debate, with the Special Committee reviewing the petition interpreting the statute which incorporated the Law Society as permitting only men to be admitted to the practice of law. W.D. Balfour sponsored a bill that provided that the word "person" in the Law Society's statute should be interpreted to include females as well as males. Martins cause was also supported by prominent women of the day including Emily Stowe and Lady Aberdeen. With the support of the Premier, Oliver Mowatt, legislation was ultimately passed on April 13 1892 and permitted the admission of women as solicitors. As Canada prepared to enter the 20th century, women were barred from participation in, let alone any influence on or control over, the legal system at its fullest -- women could not be voters, legislators, coroners, magistrates, judges or jurors. They were visible in the courts as litigants, witnesses & accused persons.

 

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