INQUIRY IDEA J – WOMEN’S RIGHTS: WHAT WAS WRONG?

Consult these excerpts linked to the Web activity Inquiry Idea J "Women's rights: what was wrong?."

71. What jobs did women from working-class districts hold in the second half of the 19th century?
72. Why did Francophone women choose religious life in the 19th century?
73. How did women make sure they had some “financial security” in the 19th century in Quebec?
74. What did the Woman's Christian Temperance Union (WCTU) fight for?
75. What was the suffrage movement?
76. Who were the suffragists and what antifeminist forces did they fight against?
77. When was the vote granted to women at federal elections?
78. How did the judicial status of women differ in Quebec at the beginning of the 20^th century?
79. How did marriage affect the legal status of women in Quebec prior to the start of the 20^th century?
80. What was the legal status of married women in Quebec prior to the start of the 20^th century?
81. What was the legal situation of aboriginal females in the 19h century?
82. When did the legal status of native women improve?

 71) What jobs did women from working-class districts hold in the second half of the 19th century?

“Factory work has too often been assumed to have been women’s major occupation during the transformations that accompanied the expansion of industrial capitalism. Certainly the growth of factories and the new divisions of labour opened up new jobs to women. By the 1880s and 1890s daughters in these wards were reporting working in collar factories and shoe factories and as packers, printers, typesetters, pressfeeders, paperbox makers, dressmakers, shoemakers, and cigar makers. Yet, overall only one-third of the girls living at home reported jobs that were unquestionably located within a factory. Even in Saint Anne, the industrial heart of Montreal, a relatively small proportion were clearly involved in factory work. Dressmaking, millinery, or sewing for the shoemaking trade involved two-thirds of fourteen- to twenty-year-old girls in 1861 and remained the leading occupation, although the proportion dropped steadily to one-quarter across the period as other work possibilities opened up. It is impossible to tell what proportion of the girls who were sewing worked in factories, what proportion in small workshops, and how many did their sewing at home.

“Work as a domestic servant remained important throughout the period, but most girls who were servants lived in with families elsewhere in the city.”

Bradbury, Bettina. Working Families: Age, Gender and Daily Survival in Industrializing Montreal, Toronto, McClelland & Stewart, 1993, p. 134.

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 72) Why did Francophone women choose religious life in the 19th century?

“Given the lack of higher education, religious life in the nineteenth century was probably the only way for Francophone women to avoid becoming a mother of a large family or a spinster who had to board with relatives. In the short term, the religious life was an effective strategy for women to remove themselves from the direct control of men. It was also a means of formally maintaining their legal status, as nuns were, in effect, unmarried, and unmarried women enjoyed full legal rights. The religious life was, for most, insurance against misery and poverty; for some, it offered a means of refusing inevitable childbearing. For others, it was a means of making a career.”

Clio Collective. Quebec Women: a History, Toronto, Women’s Press, 1987,  p. 149.

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 73) How did women make sure they had some “financial security” in the 19th century in Quebec?

“Since they were housewives, women became increasingly dependant on their husbands or children for survival. The salaries of female workers, servants and elementary school teachers did not usually provide minimal financial security, so they had to rely on others to survive. In this context, living alone was not an option, not only because it was unheard of in the 19th century but also because it was practically impossible financially. Marriage was and continued to be the surest path towards material security for most women. The multiplication of religious communities starting in 1840 provided a secure alternative to marriage.”   [transl.]

Collectif Clio. L’histoire des femmes au Québec depuis quatre siècles, Montréal, éd. Le jour, 1992, p. 235.

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 74) What did the Woman's Christian Temperance Union (WCTU) fight for?

“The Woman's Christian Temperance Union (WCTU) was formed in 1874 in Ontario. It was the leading women's society in Canada's temperance movement. Founder Letitia Youmans made it a nationwide organization in 1885. The WCTU campaigned against drinking and attempted to get the sale of alcoholic beverages banned in Canada. Since drunkenness was seen as the cause of many social ills, including wife beating and other violence in the home, the WCTU attacked these problems too. It campaigned for reforms that would give women more control over their lives. This included getting women the right to vote; the WCTU was one of the groups that fought for women’s suffrage.

“Thousands of Canadian women supported the WCTU during the late 19th and early 20th centuries. During World War I, the organization achieved its two main aims: prohibition (which outlawed the making and selling of alcoholic beverages) and women's suffrage (the right to vote). Membership dropped off after the war, and today the WCTU has only about 1700 members throughout Canada.”

Sheehan, Nancy M. “Women’s Christian Temperance Union” (Junior Version of the article), The Canadian Encyclopedia, [On line], http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=J1ARTJ0008675 (page consulted February 8, 2005).

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 75) What was the suffrage movement?

"Suffrage" is the right to vote in political elections. Men began to vote in elections in Canada in 1791. For the next 100 years, only men could be politicians and only men were allowed to vote. It was generally accepted (by most women as well as men) that politics, like medicine and law, was a male profession.

“Attitudes changed during the second half of the 19th century as a few women began to enter the professions that had been formerly thought of as part of the male "sphere." Further pressure came from women's organizations that were working to bring about social reforms, such as laws to curb alcohol abuse or to improve working conditions for factory women. To get the desired reforms, women had to have the vote to influence politicians.

“The first Canadian group to press for women's suffrage was the Toronto Women's Literary Club, formed by Emily Stowe in 1876. The club changed its name to Toronto Women's Suffrage Association in 1883, becoming the Canadian Suffrage Association (1907). After Emily Stowe's death in 1903, her daughter Augusta Stowe-Gullen carried on the leadership.”

Jackel, Susan. “Women’s Suffrage” (Junior Version of the article), The Canadian Encyclopedia, [On line] http://www.thecanadianencyclopedia.com/PrinterFriendly.cfm?Params=J1ARTJ0008687 (page consulted February 8, 2005).

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 76) Who were the suffragists and what antifeminist forces did they fight against?

“Around 1880, there were numerous campaigns in support of the vote in Canada.  Because they could not go out alone in public, women met and exchanged ideas in their kitchens and living rooms.  They believed that if they could vote, they could pose a sufficient electoral threat to persuade authorities to implement desired reforms.

“Western women won the right to vote in 1916.  By 1919, women could vote in provincial elections and become members of the legislature of all provinces except Quebec and prince Edward Island.

“In Quebec, the Montreal Suffrage Association, led by Carrie Derrick, was founded in 1912 and struggled for the right to vote in federal elections.  In 1917 the vote was given to women with relatives who had served or were serving in the armed forces.  In 1918, it was extended to all Canadian women.

“The Provincial Franchise Committee, founded by Marie Gérin-Lajoie and Mrs. Walter Lyman, continued the work of the Montreal Suffrage Association.  The suffragettes encountered opposition from civil and religious authorities who, for different reasons, were trying to keep women out of politics.

“Religious authorities were afraid that women’s suffrage would emancipate women too rapidly and weaken religious faith in families.  Civil authorities were convinced that women would support the opposition Conservative Party.  […]

“Antifeminist forces delayed the victory until 1940, and the virulence of their attacks kept many women from fighting to win the vote.” 

Clio Collective. Quebec Women: A History, Toronto, The Women’s Press, 1992, p. 262.

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 77) When was the vote granted to women at federal elections?

“During World War I, thousands of women took on the jobs of men who had joined the armed forces. Others risked their lives overseas as doctors or nurses. Meanwhile, petitions and referendums in Canada proved that the suffrage movement had widespread support. In January 1916 Manitoba passed a law that granted women the vote. It was soon followed by other provinces. These laws permitted women to vote in provincial elections, but did not apply to federal elections. The federal vote came in two stages. There was the Wartime Elections Act of 1917, which gave the vote to women serving in the forces and to female relatives of men in the forces. Finally, there was the Women's Franchise Act of 1918, which permitted all women citizens aged 21 and over to vote in federal elections after January 1919.”

Jackel, Susan. “Women’s Suffrage” (Junior Version of the article), The Canadian Encyclopedia, [On line] http://www.thecanadianencyclopedia.com/PrinterFriendly.cfm?Params=J1ARTJ0008687 (page consulted February 8, 2005).

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 78) How did the judicial status of women differ in Quebec at the beginning of the 20^th century?

“There is no evidence that people were critical of the clauses that reaffirmed the subordinate status of women [in the Civil Code of 1866].  One explanation for the silence may be that, until the end of the nineteenth century, women in Quebec enjoyed more rights than their counterparts in Canada’s other provinces, which were governed by Common Law.  Under Common Law, a wife had no legal existence separate from her husband; at the time of marriage, the man obtained absolute control of the woman’s person and assets.

“In the middle of the nineteenth century, women subject to Common Law exerted pressure to change the law.  Toward the end of the century, the law was amended several times with the passage of the Married Women’s Property Acts.  At the beginning of the twentieth century, the only marriage régime in most of the Canadian provinces was that of separation of property […].  The situation had reversed itself:  it was the women of Quebec who had the least enviable legal status. Anglophone women were particularly conscious of this inferior legal position, as other Anglophone women now enjoyed more liberal conditions. At the end of the nineteenth century, some women in Quebec – particularly women who owned property. Bourgeois women, intellectuals and professionals  - began to question their political and legal status.”

Clio Collective. Quebec Women: A History, Toronto, The Women’s Press, 1992, p. 125-126.

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 79) How did marriage affect the legal status of women in Quebec prior to the start of the 20^th century?

“At the beginning of the century, unmarried women and widows enjoyed full rights.  Married women did not.  In fact, Marie Gérin-Lajoie described marriage as the legal death of women.

“The legal incapacity of the married woman was the basis of the whole family structure.  The husband was the uncontested head of the family; he totally controlled the administration of the family’s assets.  A married woman’s legal rights were subject to her husband’s authorization.  At the beginning of the century, a jurist stated that this requirement derived “from simple logic: in all partnerships, the person the least apt at business should be supervised by the more capable person.  This requirement is based on the common interests of the husband and the wife, and the former would be jeopardized if the fate of their partnership were left to the lack of foresight and thoughtlessness of the member of the association who is the least competent to be in charge and whose very nature impels her to be subordinate.

“The legal strictures on a married woman did not stem from weakness or inferiority, it was said, but from the obedience and respect she owed to the authority of her husband. As most women married very young, they rarely had the chance to enjoy independence.  Moreover, no woman could hold public office.

“[Given the status of married women,] Reforms to the Civil Code became the major target for feminists at the turn of the century.”

Clio Collective. Quebec Women: A History, Toronto, The Women’s Press, 1992, p. 252.

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 80) What was the legal status of married women in Quebec prior to the start of the 20^th century?

Legal Status of Married Women as Defined in the Quebec Civil Code, 1866-1915 (numbers in parentheses indicate relevant Civil Code articles) [Excerpt] A.      As a Person   1.      General incapacity (akin to minors and interdicted persons).  She has however, the right to make a will (184). a.Legally incapable of contracting (986). b.Legally incapable of offering a defence or suing before the courts (986). 2.      Denied right to tutorship (282). 3.      Denied right to be appointed curator (337s). B.      Personal Relationship with Husband 1.         Submission to the husband.  In return, the husband owes protection (174). 2.         Nationality determined by the husband’s (23). 3.         Choice of domicile rests with the husband (83). 4.         Choice of places of residence rests with the husband (175). 5.         Exercise of civil rights in husband’s name (customary law). 6.         Double Standard principle: the husband is free to seek a separation on grounds of adultery; the wife can do so only if the husband keeps his concubine in the common household (187, 188). C.      Financial Relationship with Husband 1.         Wife may not engage in a calling distinct from that of her husband (181). 2.         Wife may not engage in commerce without her husband’s consent (179). 3.         In cases of legal community or property: a.      The husband alone administers the property of the community (1292). b.      The wife is responsible for her husband’s debts.  The contrary is not the case (1294). 4.         In cases of separation of property: a.      The wife cannot dispose of her property.  She  can, however, administer her property with the authorization of her husband or, failing the latter, that of a judge (1422). b.      The husband cannot grant general authority to his wife: a special authorization is required for each to act (1424). c.       The wife cannot dispose of her professional earnings (1425). […]

Clio Collective. Quebec Women: A History, Toronto, The Women’s Press, 1992, p. 254.

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 81) What was the legal situation of aboriginal females in the 19h century?

“The federal law of 1869 confirmed this [decision to have status descend through paternal lines], and stated that any Indian woman who married a non-Indian lost her status, as did her descendants. […]

“In addition, if a woman married an Indian from another band or from another tribe, she immediately became a member of her husband’s tribe and had to leave her parents’ house and her place of origin.  If the superintendent of the reserve decided to expel a man, his wife suffered the same fate.  The law also stated that a woman could not inherit upon the death of her husband: only her children could inherit from their father, and it was up to the children to support the mother.  (However, this last clause was modified in 1874: one-third of the husband’s assets went to the mother and two-thirds to the children.)  Finally, the law stated that band councils would be elected only by adult males; women would no longer have an official voice.”

Clio Collective. Quebec Women: A History, Toronto, The Women’s Press, 1992, p. 126.

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 82) When did the legal status of native women improve?

 “And so it was that in the 70s [1970], Mary Two-Axe-Early, a Kahnawake Mohawk, pushed for the reform of the Indian Act provisions that created a double standard for native people who had married non-natives, and for their children, by dispossessing them of their aboriginal identity, rights and benefits.  While the reform of this law in 1985 (Bill C-31) did not please all native women in the province, it restored the status of 1,555 of them and 6,974 of their children.  First Nation women were concerned about their place and rights within their communities, as well as the various social and economic issues that were tied to the greater, overall autonomy of their people.  The political traditions of native women, shelved by the European patriarchy, regained their place.”  [transl.]

Collectif Clio. L’histoire des femmes au Québec depuis quatre siècles, Montréal, Le Jour éditeur, 1992, p. 609.

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