Patricia I. McMahon's Books

The Persons Case

The Origins and Legacy of the Fight for Legal Personhood

By: Robert J. Sharpe,Patricia I. McMahon

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The Persons Case

The Origins and Legacy of the Fight for Legal Personhood

By: Robert J. Sharpe,Patricia I. McMahon

On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

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Page Count

391

Publisher

University of Toronto Press

Published Date

ISBN 10

1487516932

ISBN 13

9781487516932

Essence of Indecision

Diefenbaker's Nuclear Policy, 1957-1963

By: Patricia I. McMahon

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Essence of Indecision

Diefenbaker's Nuclear Policy, 1957-1963

By: Patricia I. McMahon

The nuclear issue was a minor political matter when John Diefenbaker became prime minister in 1957. By 1963, it served as a catalyst for his defeat, with many attributing his demise to the indecision with which he handled it. Patricia McMahon tells a more nuanced story in Essence of Indecision. Tracing Diefenbaker's deliberations over nuclear policy, McMahon shows that Diefenbaker was politically cautious, not indecisive - he wanted to acquire nuclear weapons and understood from public opinion polls that most Canadians supported this position. However, Diefenbaker worried that the growing anti-nuclear movement might sway public opinion sufficiently to undermine his political support. He also feared that Liberal leader Lester Pearson could use the issue for political advantage. As long as Pearson opposed Canada's membership in the nuclear club, he could portray Diefenbaker's government as an irresponsible proponent of nuclear proliferation. Despite these reservations, Diefenbaker was involved in nuclear negotiations with the Americans throughout his tenure as prime minister, and an agreement was within reach on a number of occasions. When, in January 1963, Pearson reversed his position, Diefenbaker felt trapped - in making a clear public statement in favour of nuclear weapons it would appear as though he was merely following his opponent's lead. When Canada acquired nuclear weapons in 1963, it was under the leadership of Pearson, not Diefenbaker. The first book to deal exclusively with Diefenbaker's nuclear policy and the influence of the anti-nuclear movement, Essence of Indecision is key to understanding Diefenbaker's formulation of nuclear policy, and the environment, both international and domestic, in which that policy was created.

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