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The Living Tree Doctrine: How Five Women Changed Law Forever

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Created November 12, 2025

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In 1928, a Canadian court ruled that women were not legally

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persons. Yes, you heard that right. Five women challenged

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this absurdity in what became the Famous Five case. And the Privy Council finally overturned

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it in 1929. But here's the twist that still affects you today. This ruling didn't

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just grant women personhood in Canada. It established the living tree doctrine, meaning constitutions must

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grow and adapt with society rather than remain frozen in time. Think of it

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like a tree that bends with the wind instead of snapping. This single case

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transformed how courts interpret laws across Commonwealth countries. When judges today rule on digital

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