This began her feminist activism. As Murphy said herself: "Whenever I don't know whether to fight or not, I fight."" (Status of Women Internet). She always had a strong opinion on women's rights and believed in fighting for her rights. She didn't have a full part in politics until an event happened which helped triggered her interest. .
In 1916, during a trial where prostitutes were being tried, two women were asked to leave the court room because the men said that the testimony was "not fit for the ears of ladies-. (Cochrane 45) The two women went to Murphy and complained; the women looked up to Murphy because of her committed role in feminist activities. Murphy suggested a campaign to have a women's court established to try cases that involved women. The Attorney-General agreed to their request and in 1916 Emily Murphy became famously known as the first female magistrate, civil officer, as a judge (Cochrane 45). This is where her political career began. With Murphy becoming a judge it was a starting point for women to become more actively involved in society and a few months later two other women also became magistrates, one in Calgary and one in British Columbia (Cochrane 46).
Although woman were beginning to play more active roles in society, the few who had succeeded were harassed and discriminated by fellow male colleagues and especially the ones who disapproved of their appointments and preferred traditional beliefs that women were inferior. On Murphy's first day at court Eardley Jackson, a lawyer, confronted Murphy's authority and stated that women were not considered "persons- in the British North American (BNA) Act. Under Section 24 it stated that: "The Governor General shall, from time to time, in the Queen's name, by Instrument under the Great Seal of Canada, summon qualified persons to the Senate - (Cochrane 46). Similar cases happened in Alice Jamieson's, also a magistrate, court and thus began the "Persons Case-.