On April 24, 1928 the Supreme Court of Canada ruled, in a unanimous decision, that women were not "persons" and therefore were not eligible to be appointed to the Senate. The judgement was made following a petition by a group of Alberta women now known as the "Famous Five". The petitioners were Henrietta Edwards, Nellie McClung, Louise McKinney, Emily Murphy and Irene Parlby.

The Supreme Court decision was reversed by the British Privy Council on October 18, 1929.