Clara Brett Martin
Encyclopedia
Clara Brett Martin born to Abram and Elizabeth Martin, a well-to-do Anglican-Irish family, opened the way for women to become lawyers in Canada
by being the first in the British Empire
in 1897.
In 1888, Martin was accepted to Trinity College in Toronto. And in 1890, Martin graduated with a Bachelor of Arts in Mathematics at the age of sixteen, which was almost unheard of because of the masculinity associated with that field.
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. Martin’s cause was also supported by prominent women of the day including Emily Stowe
and Lady Aberdeen
. With the support of the Premier, Oliver Mowat
, legislation was 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.
In later life, Martin ran for Toronto City Council
in Ward 2 but was defeated in the 1920 municipal election
.
In 1989, the provincial government announced that Martin was to be honoured by having the building housing the Ministry of the Attorney General named after her. The government revoked the honour after an anti-Semitic letter written by her in 1915 came to light.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
by being the first in the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
in 1897.
In 1888, Martin was accepted to Trinity College in Toronto. And in 1890, Martin graduated with a Bachelor of Arts in Mathematics at the age of sixteen, which was almost unheard of because of the masculinity associated with that field.
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. Martin’s cause was also supported by prominent women of the day including Emily Stowe
Emily Stowe
Dr. Emily Howard Stowe was the first female doctor to practice in Canada, and an activist for women's rights and suffrage. Emily Stowe was born in Norwich Township, Oxford County, Ontario...
and Lady Aberdeen
Ishbel Hamilton-Gordon, Marchioness of Aberdeen and Temair
Ishbel Maria Hamilton-Gordon, Marchioness of Aberdeen and Temair, GBE was a Scottish author, philanthropist and an advocate of woman's interests.-Family:...
. With the support of the Premier, Oliver Mowat
Oliver Mowat
Sir Oliver Mowat, was a Canadian politician, and the third Premier of Ontario from 1872 to 1896, making him the longest serving premier of that province and the 3rd longest in all of Canadian history...
, legislation was 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.
In later life, Martin ran for Toronto City Council
Toronto City Council
The Toronto City Council is the governing body of the city of Toronto, Ontario, Canada.Members represent wards throughout the city, and are known as councillors....
in Ward 2 but was defeated in the 1920 municipal election
Toronto municipal election, 1920
Municipal elections were held in Toronto, Canada, on January 1, 1920. Mayor Tommy Church was elected to his sixth consecutive term in office. The most notable feature of the election was Constance Hamilton winning a seat in Ward 3...
.
In 1989, the provincial government announced that Martin was to be honoured by having the building housing the Ministry of the Attorney General named after her. The government revoked the honour after an anti-Semitic letter written by her in 1915 came to light.
See also
- Cornelia SorabjiCornelia SorabjiCornelia Sorabji was the first female barrister from India, a social reformer, and a writer. She was also the first female graduate from Bombay University, and the first woman in the world to read law at Oxford....
in IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... - Eliza Orme in EnglandEnglandEngland is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
- Ethel BenjaminEthel BenjaminEthel Rebecca Benjamin was New Zealand’s first female lawyer. On 17 September 1897, she became the first woman in the British Empire to appear as counsel in court, representing a client for the recovery of a debt...
- Ivy WilliamsIvy WilliamsDr. Ivy Williams , was the first woman to be called to the English bar.She was born in Newton Abbot and educated privately...
External links
- Stanford Women's Legal History Project page
- T. Brettel Dawson, "Clara Brett Martin Revisited", Women, Law and Social Change (4th ed.); includes numerous references to other sources