Objective Conditions
The laws of Canada forced females to endure tribulation throughout its history. For years women were considered without rights, such as not being able to vote. Married women were especially underprivileged, as we can see by reading Blackstone’s Commentaries on the Laws of England. It states that “By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during marriage […] but though our law in general considers man and wife as one person, yet there are some instances in which she is separately considered as inferior to him […] and therefore all deeds done by her […] are void.” 1 If a Canadian woman chose to marry a non-citizen, she would lose her citizenship immediately, and, regardless of who she married, she gave him all of her property. Husbands could sell their houses without the permission of their wives, leaving these women homeless, up until 1917 with the passing of the Dower Act.
Single, divorced and widowed women also had their share of hardships. Women were not usually in their husband’s wills; in fact money and property were handed down only to the male children. Women who had gotten a divorce- which could only be granted if this woman proved both adultery and desertion until 1925- lost custody of her children 2. In 1928, all women had to fight to qualify as persons in the eyes of the law in the Persons Case. There is more about this on the Subjective Factors page.
1. a)
Figure Two: City of Toronto Archives, "Bridal Couple Leaving St. Paul's Church", Digital image, April 22, 1913. Accessed January 27, 2013. https://gencat4.eloquent-systems.com/webcat/request/Action?ClientSession=-5164e2bb:13c7a990374:-7e12&TemplateProcessID=6000_1051_1051&PromptID=&ParamID=&CMD_(SearchRequest)[0]=&ProcessID=&POI31_1681=-KEY_4081&ControlLoc=T&ControlPer=20.
1. b)
“Item consists of one photograph of Mr. and Mrs. William Croft leaving St. Paul's Church after their wedding.”
2.
The above photograph was taken on April 22, 1913, at St. Paul’s church in Toronto
3.
n the photograph, you can see the traditional wedding objects; Mrs. Croft’s apparel, the church (designed in Richardson Romanesque style 3) , and the carpet on which they are walking.
4.
Mrs. Croft, who has just surrendered all of her property to her husband, is wearing the traditional white wedding dress complete with a veil and a bouquet of flowers. Most of the guests, including the children, are wearing similar black overcoats to watch the ceremonies, and most of them are female. Mr. and Mrs. Croft appear to be middle class citizens and look to be in their 20’s.
5.
They are walking out of the church, now married, and at this moment, Mrs. Croft does not yet legally exist.
6.
This photograph was probably taken as a memoir of the occasion, especially because in that time, getting married was- and still is, to a much lesser extent- one of the most important parts of a woman’s life. For this reason, I believe the photographer was hired as a professional.
7.
In the early 1900's, as well as before this time, a wedding meant not only the bonding of a man and a woman in love, it also served as the moment when the two became the same person, in a sense, or at least they became the same legal entity. From this point forward, unless the marriage was ended by death or divorce, everything Mrs. Croft did would not be her own action, but it would be legally done by both her and her husband. This was the same for every other married woman of her time. Also, because a woman's place was at home caring for her husband and the rest of the family (should they have children), she would not get the chance to do most of these actions. Between having her husband do the important things, and having everything she did be represented by her husband anyway, she may as well not have existed. She certainly did not in the eyes of the law.
The topic of marriage ending by death or divorce also placed women in a very bad situation. Mr. Croft can file for divorce on the basis of adultery, but Mrs. Croft has to prove both adultery and desertion. If they have kids, she will lose custody of them automatically, disregarding whether or not she is a good parent. If Mr. Croft passes away while they are married, she will receive nothing in his will, instead watch it be given to her children and from then on be at their mercy. In this photograph, the best Mrs. Croft can hope for is a life filled with mostly homekeeping in which she dies before her husband, as she did not know yet that things would change drastically for women in the decades to come. The saddest part is that, given all she has to look forward to, she is smiling.
Figure Two: City of Toronto Archives, "Bridal Couple Leaving St. Paul's Church", Digital image, April 22, 1913. Accessed January 27, 2013. https://gencat4.eloquent-systems.com/webcat/request/Action?ClientSession=-5164e2bb:13c7a990374:-7e12&TemplateProcessID=6000_1051_1051&PromptID=&ParamID=&CMD_(SearchRequest)[0]=&ProcessID=&POI31_1681=-KEY_4081&ControlLoc=T&ControlPer=20.
1. b)
“Item consists of one photograph of Mr. and Mrs. William Croft leaving St. Paul's Church after their wedding.”
2.
The above photograph was taken on April 22, 1913, at St. Paul’s church in Toronto
3.
n the photograph, you can see the traditional wedding objects; Mrs. Croft’s apparel, the church (designed in Richardson Romanesque style 3) , and the carpet on which they are walking.
4.
Mrs. Croft, who has just surrendered all of her property to her husband, is wearing the traditional white wedding dress complete with a veil and a bouquet of flowers. Most of the guests, including the children, are wearing similar black overcoats to watch the ceremonies, and most of them are female. Mr. and Mrs. Croft appear to be middle class citizens and look to be in their 20’s.
5.
They are walking out of the church, now married, and at this moment, Mrs. Croft does not yet legally exist.
6.
This photograph was probably taken as a memoir of the occasion, especially because in that time, getting married was- and still is, to a much lesser extent- one of the most important parts of a woman’s life. For this reason, I believe the photographer was hired as a professional.
7.
In the early 1900's, as well as before this time, a wedding meant not only the bonding of a man and a woman in love, it also served as the moment when the two became the same person, in a sense, or at least they became the same legal entity. From this point forward, unless the marriage was ended by death or divorce, everything Mrs. Croft did would not be her own action, but it would be legally done by both her and her husband. This was the same for every other married woman of her time. Also, because a woman's place was at home caring for her husband and the rest of the family (should they have children), she would not get the chance to do most of these actions. Between having her husband do the important things, and having everything she did be represented by her husband anyway, she may as well not have existed. She certainly did not in the eyes of the law.
The topic of marriage ending by death or divorce also placed women in a very bad situation. Mr. Croft can file for divorce on the basis of adultery, but Mrs. Croft has to prove both adultery and desertion. If they have kids, she will lose custody of them automatically, disregarding whether or not she is a good parent. If Mr. Croft passes away while they are married, she will receive nothing in his will, instead watch it be given to her children and from then on be at their mercy. In this photograph, the best Mrs. Croft can hope for is a life filled with mostly homekeeping in which she dies before her husband, as she did not know yet that things would change drastically for women in the decades to come. The saddest part is that, given all she has to look forward to, she is smiling.