'The courts have turned women into slaves for the men of this world': Irene Murdoch's Quest for Justice
Author | Vanessa Gruben, Angela Cameron, and Angela Chaisson |
Pages | 159-192 |
ナノヘ
“The courts have turned women into
slaves for the men of this world”:
Irene Murdoch’s Quest for Justice
VanessaGrubenAngelaCameronandAngelaChaisson
“If they hadn’t abolished appeals to the Pr ivy Council . . .
I would have gone all the way to the Privy Counc il.”
—Ernest Shymka
Introduction
I Suprem e Court of Canada issued a ruling i n MurdochvMurdoch
denying Irene “Ginger”Murdochaninterestinthecalera nchthatsheand
her husband, James Alexander “Alex” Murdoch, had built together over
many years. Irene performed extensive manual labour on the far m, includ
ing driv ing bra ndi ng vacc inat ing and deho rni ngc ale hayi ng rak ing and
mowingShe oftendid this workalonedue tolong oranchworkrelated
absences by Alex. When their marr iage began to break down, Irene sought to
receive her ownership interest in the ranch propert y.Howevert hece rti cate
of title to the property showed that the land belonged solely to Alex Mur
doch. For Irene to receive an interest in the property it would be necessar y
for a court to declare that a portion of the title to t he ranch was held by Alex
Murdoch in trust for his wi fe.T hepr inc ipal basi sfor ndi ngsuc hat rus the r
lawyer argued, was her contribution through labour to the ranc h operations.
That argument was rejected at tr ial and ultimately also by the Supreme Court
of Canada, which held that under existing Can adian law no property claim
was available to Irene Murdoch in the circumst ances of her case.
ナハトVanessaGrubenAngelaCameronandAngelaChaisson
In one sense, the case was un remarkable. Irene Murdoch’s ci rcumstances
reected the socioeconomic real ity of many Albertan far m wivesi n fact
most married women in Canada during the s and s Cultural and
legal perceptions of farms had been profoundly shaped by the t raditional
belief that “men farm, women help” and remained an omnipresent ex
ample of the invisibility of women’s work. While husbands no longer sub
sumedtheir wiveslegaland nancialidentities aswasthelaw inAlberta
until a nachronistic matrimonial lawas wellas hierarchical farming
and family struct ures subjugated wives, forced them into positions of de
pendency, and often trapped them in relationships. Those who left their
husbands often found themselves invisible under the law, and left their mar
riages with nothing. The case reports were replete with deci sions similar to
that in Murdoch, almost a ll unsuccessful. In these a nd other cases, women
worked on family farms and in households held in their husbands’ names
and were left without proprietary interests at the relationsh ip’s dissolution.
Behind thesethere are likelyu nreportedjudgments tot hesame eectas
well as many instances in wh ich no claim was advanced owing to the per
ceived futility of such a tack, the absence of t he needed resources to take
legal action, or myriad other personal factors.
What is exceptional is that the Murdo ch case prompted outrage in Can
ada and undoubtedly contributed to law reform that sought to ameliorate
the plight of women in the position of Irene Murdoch. Her circumsta nces
provided an important narrative tool to feminists a nd other advocates for
lawreformCa nadianwomenidentied withIrene andbecame conscious
of howeasi lyt hey could nd themselves in a simila r situation Womens
groups mobilized around her experience stood up to say I am an Irene
Murdoch,” and successfully secured reforms to Ca nadian marital property
law regimes.
None of that would have been possible had it not been for Irene Mur
doch’s personal determination — and that of her lawyer, Ernest Shymka —
to bring her case to court in t he face of formidable obstacles.Irenesuered
extremeviolenceatthehandsofherhusbandhadlilemoneyandevenless
desireforpublicfanfareandfacedanuphilllegalbaleYetsheandShymka
pursued the case to the Supreme Court of Canada.
Muchhas beenwrien aboutthe politicaland legislativeconsequences
of this decision. This chapter looks at the Murdoc hcase through two lenses.
Therstis throughthe personalaccountof ErnestShymka The second is
by framing the case as part of a larger feminist movement for law reform, in
Thecourtshaveturnedwomenintoslavesforthemenofthisworldナハナ
cluding reform to matrimonial propert y regimes. Murdochwas not only the
product of personal struggle by Irene and her lawyer; it was also a pivotal
event within the Canadia n women’s movement.
Irene as Rancher and Wife
I , I AlexMurdochseparated aftertwentyveyearsofma r
riage. The trial trans cript reveals that Irene worked tirelessly throughout
her marriage, as a “wife,” as a “ranch hand,” and at “outside jobs to augment
the farm i ncome.” Shortly after they married, Irene worked with Alex on
other ranches and they pooled their ea rnings.In the yus edt he ir
savingsfromthisworktogetherwithacontributionfromIrenesfath
er, to acquire a guest ranch known as the Bragg Creek property, the title
to which was taken in Alex’s name alone. Throughout the marriage they
bought and sold various properties to which both Alex and Irene contr ib
utednanciallyIntheypurchasedtheWardpropertyforand
intheBrockwaypropertywaspurchasedforItwastheBrock
way property that was the subject of the cas e before the Supreme Court of
Canada These properties were purchased in part w ith the proceeds from
Irene’s father’s life insurance policies. Upon his death, Ire ne’s mother, Mrs.
Nash, had deposited part of the proceeds in Irene’s account and these mon
ieswerelateru sedtoacquire grazingrightsandtopurchaseland Yet, in
each instance title was held in Alex’s name.
For most of their marriage, Irene was almost exclusively responsible for
thedaytodayrunn ingofthe ranchbearing thebruntof thephysicallyde
manding work, while Alex was employed with the stock association in the
Forestry Service.Herlab ourw asba ckbr eak ingA ttr ial Iren edes cri bedh er
work as: “haying, raking, swathing, moving , driving trucks and tractors and
team squ ieti nghor sest aki ngca lebac kand forth toth eres erved ehorn ing
vaccinating, branding, a nything that was to be done.” I n her own words, she
worked “like any other man.” In addition to her farm work and domestic
labour as a wife and mother to their one c hild, William Frederick Murdoch,
Irenefrequentlyworkedotheranchasawaitressorasalabourer
Throughout, Irene endured an unhappy and often abusive mar riage. It
seems she was a victim of domestic violence for much of her marriage. Irene
indicated in her pleadings that Alex had “assaulted [her] on a number of
occasions causing her grievous bodily har ms.” Ire nesmother conrmed
thish istoryofv iolenceattrial Shetestied thatIrene hadbeent hevictim
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