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Clara Brett Martin – Canada’s First Woman Lawyer

b. 1874, d. 1923 of heart attack at the age of 49

Clara Brett Martin

The story of Clara Brett Martin was juicy fodder for the media of the turn of the century.

The Canada Law Journal of 1896 wrote:

"We know of no public advantage to be gained by (women) being admitted to the Bar.... a woman seeking a profession where she is bound to meet much that would offend the natural modesty of her sex."

One prominent lawyer published an open letter in the local newspaper, the Globe, and said that admitting women to the practice of law would "bring shame and ridicule on courts of law".

Clara Brett Martin may have come from a large family, twelve children in all, but fortunately for her future prospects, her family were also influential in Toronto society of the time.

Abram and Elizabeth Martin, Clara Brett Martin’s parents

Clara’s father, Abram, was a superintendent of schools, and her mother, Elizabeth, an independent woman who concerned herself with public affairs.

Education was a top priority in the Martin household

At a time when women were not expected to be educated beyond domestic and artistic tasks, the Martin family was big on education and Elizabeth even hired a tutor to assist her children in advancing their education.

Clara’s Education

Clara defied stereotypes of the time by attending Trinity College, shortly after it first allowed women to register, and further offended propriety by graduating at 16 with a major in mathematics. She then spent one year as a teacher but that, apparently, did not satisfy her.

Clara begins her fight to become a lawyer

It was 1892 and Clara successfully petitioned the Law Society of Upper Canada to be allowed to study to become a solicitor.  She was initially denied because she was not considered a “person.” (Read more about a historic “persons” case in Canada.) Her request set off a firestorm. Later she went back and petitioned to become a barrister. Her request was denied and with the help of a family friend, an important local attorney general, helped her by tabling a bill in the legislature to amend the law society’s enabling legislation, to admit women.

After studying at Osgood Hall, on February 2nd 1897, at just age 23, Clara was admitted as a barrister and solicitor to the Law Society of Upper Canada.

Just the first hurdle

Getting permission to attend law school was only the first hurdle. Once she’d succeeded in her studies, she still had to find a firm that would allow her to article. (See our explanation of articling as part of Canadian requirements. (LINK))

Influential Friends

Without the help of influential friends, Clara might never have seen the inside of a law school, never mind a law firm. She began at a small law firm where before too long, her name was added to the name; Shilton, Walbridge became Shilton, Walbridge and Martin. She worked for a number of other firms but eventually started her own firm in 1906.

Success of a sort

She spent a lot of her time working on family law, wills and other similar areas of practice.  She was a powerful and popular public speaker. Some historians believe that she faced too much prejudice in the courtroom and confined herself to areas of practice that did not involve court appearances.

Other Firsts

Martin became the first women to serve on the Toronto Board of Education, where she served for 10 years. She ran, unsuccessfully, for alderman in 1919 once women were eligible to run.

A Lasting Legacy

Clara Brett martin died suddenly of a heart attack on October 31st 1923. Three weeks after Martin’s death in 1923, 13 members of the Women’s Law Association of Ontario donated $130.00 to start a scholarship in memory of Clara Brett Martin. The prize is still awarded annually to the final year student with the highest marks in wills and trusts.