Criminal Code

Bill S-228, An Act to amend the Criminal Code (sterilization procedures) · Report stage · now law Where it stands

What the law does

The law amends the Criminal Code to clarify that a sterilization procedure is considered an act that wounds or maims a person under the aggravated assault offence. The published material gives no further detail.

Official text (opens in a new tab)

2 statements

Sébastien Lemire, Abitibi—Témiscamingue

Bloc Québécois
“Doctors have forced sterilization on Indigenous women without their consent. I want to know how we can fix this and bring about real reconciliation.”
Official Hansard

Mr. Speaker, I thank the member for Haliburton—Kawartha Lakes for his concern, which we can feel, and for his commitment to this issue. These are deeply troubling issues that are difficult to address, but I think that he is doing so with great dignity. The fact that the bill is now at third reading is also a testament to his strong leadership. We just quickly completed report stage, but I think it is important to talk about the testimony that we heard from victims in committee. For example, Nicole Rabbit was scheduled for a C-section at the University of Saskatoon on September 11, 2001. We are talking about something that happened less than 30 years ago. She said: I trusted the medical team but knew something wasn’t right when I smelled the burning flesh. These were strangers who I had no previous encounters with who insisted I tie my tubes. The medical team took advantage of me in a vulnerable state....No one asked me what I wanted. No one explained to me why I apparently needed this done, and I didn’t sign any forms. I still have no real idea what the options were and why they said it was best for them to sterilize me. I know now that the sterilization can’t be reversed. My colleague talked about reconciliation and systemic issues. I would like to hear his thoughts on what we can do to ensure real reconciliation.

Andréanne Larouche, Shefford

Bloc Québécois
“I support this bill. It makes forced sterilization a clear crime under the Criminal Code. This practice violates human rights and mostly hurts Indigenous women, racialized women, and people with disabilities. We must protect patients while still respecting Quebec's power over health care.”
Official Hansard

Mr. Speaker, first I want to point out something that is not directly related to today’s topic but that still concerns an issue that affects it, although indirectly. I am wearing a red dress pin because tomorrow, May 5, we commemorate Red Dress Day. It is a time to remember missing and murdered indigenous women and girls. There are some topics that are hard to talk about in the House. Allow me to establish a link. Following my election in 2019, Senator Miville‑Dechêne reached out to me and told me about an all-party group on human trafficking and modern slavery. I was surprised that human trafficking and modern slavery still existed in 2019. Perhaps I was naive and living with my head in the clouds. Today, in 2026, I cannot believe I am forced to rise to speak to a bill about forced sterilization. Some of these topics are very sensitive and hard to discuss. I will address this one by invoking a fundamental principle: the right to control one’s own body. This right is at the heart of any free and democratic society. Let us be clear: Forced sterilization is a human rights violation. It is an irreversible violation and a form of institutional violence. This is not a theoretical debate. In 2026, it is still a reality that, unfortunately, has not yet been eradicated. Behind this bill are women who were deprived of the choice to bring a child into the world. It is unspeakably cruel. As the mother of a four-year-old girl, I have to say this is a very difficult subject. It is not a simple issue. It is a reality that is part of a very dark chapter of our history. This is, of course, a historical legacy of colonialism. I will share some statistics. Between 1966 and 1976, there were 1,200 sterilizations, 1,150 of which were performed on indigenous women. Clearly, they are overrepresented. In Alberta, 74% of the women who were sterilized were indigenous. This reflects a legacy of eugenics and colonial policies. There were 580 documented cases between 1970 and 1975. These practices were intended to control certain groups that were deemed “undesirable”. This is systemic racism, and it leads to health inequalities. Contrary to what we might think, this is an issue that is still timely today, as I mentioned in my introduction. There have been some class-action lawsuits. Over 100 women filed suit in Saskatchewan, and another five lawsuits have been filed across Canada and beyond its borders. In Quebec, 22 cases have been documented, 30 Atikamekw women have filed a lawsuit and testimony has recently been heard in 35 cases. Let us talk about the issue of consent. These women are often asked for consent when they are in pain and in a vulnerable position. They are often pressured to make a decision. It is reasonable to wonder whether consent is valid when it is obtained from a person in a vulnerable position. This is not something that happened way back in the past. There are still cases before the courts today. Why do we need to legislate? This constitutes assault, which is already an offence. However, it is difficult to clearly define the act, to take legal action. It is very difficult to punish something that is not clearly defined. That is how we see it. I would like to make a comparison. Sexual assault needs to be explicitly defined. That takes political will, but this legislative change must be made so that it is perfectly clear to institutions that there will be zero tolerance. This right needs to be explicitly stated to better protect these women. We need to clarify that sterilization is mutilation, a form of aggravated assault. It is defined as any procedure that prevents reproduction. We need to ensure that there is free and informed prior consent. Yes, the purpose criterion protects necessary medical procedures. Of course, we are talking about protecting physicians, but the consent must be valid to exclude any criminal liability. Emergencies are also covered by section 45 of the Criminal Code. This bill protects patients without penalizing professionals who are acting in good faith. That is what we want to do here. To respond to criticism about criminalizing doctors, I would say that this is a clear law that also protects practitioners. We encourage enhanced consent protocols. The same logic applies to medical assistance in dying or caring for the incapacitated. Above all, we want to avoid a legal vacuum. There are reports that show the current recourse system has failed. Right now, this is a theoretical right with no actual enforcement, which does not really constitute protection. On top of that, there is the stigma of silence. There is a stigma attached to this. There is also a lack of recognition. It is a taboo subject that no one talks about. By naming it, we are recognizing it, and by recognizing it, we are ultimately protecting these women so that they can continue to make their own decisions about their bodies. There is are very systemic and social aspect, which is that the groups affected by this issue are indigenous women, racialized women and persons with disabilities. This violence is rooted in power imbalances, as I mentioned earlier. The truly tragic thing about this is that there are many consequences. We are talking about trauma and loss of trust, but also an intergenerational impact. It is not just an attack on a person’s body; it is an attack on their entire life. Taking away a woman’s ability to give birth is an attack on her right to choose whether to do so. This assault lasts a lifetime for a woman, who will later experience the psychological and physical scars of it all, because there will be scars, many of them. The Bloc Québécois strongly supports this bill, with certain reservations, of course. We want it to respect Quebec’s jurisdiction over health care. As Bloc Québécois members have repeatedly said, the involvement of indigenous nations is a must. Nation-to-nation discussions are consistent with our vision, and we naturally want indigenous nations to be involved going forward. We also want to remind members that we will always reject any attempts at federal overcentralization. We will have to keep an eye out, because we see that this federal regime is yet another in a constant stream of attempts to overcentralize. The rights of these indigenous women and girls must be protected while respecting jurisdictions. Obviously, a law alone is not enough. Professionals also have to be trained. A monitoring and cultural adaptation mechanism also needs to be implemented. We could take inspiration from the Collège des médecins du Québec, whose initiatives promote collaboration and take a co-operative approach. As we have been saying, despite some criticism, this bill does seek to protect physicians. I think physicians want to collaborate on this issue, and we applaud their initiatives considering that the law must be translated into practice. It will take awareness campaigns to make that happen. We must eliminate the stigma and taboo surrounding forced sterilization, which is indeed still happening. My colleague, the member for Abitibi—Témiscamingue, talked about this a little earlier in his question. He used to serve on the Standing Committee on Indigenous and Northern Affairs, and I know he took an interest in this issue. He shared the very real case of a woman who was subjected to this and described the pain and the wounds, both psychological and physical, that she suffered as a result of forced sterilization. In closing, these women have been ignored and silenced. We cannot forget the victims who have suffered as a result of this atrocity. As parliamentarians, we have a collective responsibility to take action today. By supporting this bill, we can appeal for justice, dignity and recognition. As a final point, I want to say that this bill is a step toward making amends, but, above all, it is a commitment to never tolerate this unacceptable act again. We are hearing more and more about the need for reconciliation lately, and I believe this bill aligns perfectly with that objective. As elected officials, we must set partisanship aside and move forward for the sake of victims.

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