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)

6 statements

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Survivors showed great courage by speaking out about forced sterilization. Their bravery brought this bill forward, and I expect it to pass soon. I want the member to share his thoughts on recognizing these survivors.”
Official Hansard

Mr. Speaker, I appreciate many of the words the member has put on the record with respect to such an important issue. I would like to highlight in my question and comment the bravery and the courage this would have taken for survivors, individuals who have gone through this experience and who have continued to raise the profile of the issue to such a degree that we actually have legislation before us now that I anticipate will pass, at the very latest, after the second hour of debate. Could the member provide his thoughts in terms of recognizing those outstanding individual Canadians?

Bardish Chagger, Waterloo

Liberal
“Victims who come forward are still not always believed, like in a recent Ontario court case. I want to know how we can make sure survivors are believed and treated with respect.”
Official Hansard

Mr. Speaker, I want to thank the member for his work on this file and on the importance of bringing this issue forward. What we know is that the individuals were not always believed. Luckily, society is advancing, but there has just been a case in Ontario where 48 women came forward, and the judge had no problem suggesting that there was no credibility to any of their testimony. I would like to hear the member’s comments on the work we need to do on how we ensure that survivors are believed, and that when they come forward, they receive the dignity and respect they deserve.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I support this bill to make forced sterilization a crime. For generations, women in Canada, especially Indigenous women and women with disabilities, were pressured or forced into sterilization. This is a terrible violation of human rights and bodily autonomy, and this bill will finally help stop it.”
Official Hansard

Mr. Speaker, before I get started, I want to briefly make mention of the significance of tomorrow, which is Red Dress Day. Across our great nation, individuals will be recognizing the tragedy that occurred with the murdered and missing women. For me, it is important not only to highlight it but also to recognize that even today we still see young girls and women, particularly from the indigenous community, who continue to go missing and be murdered. We have to be diligent and support indigenous leadership, like my colleague from Churchill—Keewatinook Aski, who has a beautiful red broach on, I noticed, in recognition of tomorrow’s special day. The legislation we are talking about for private members’ hour is about a form of discrimination, in many ways, that took place here in Canada. Not very many people are aware of the type of discrimination I am referring to. We are dealing with the issue of sterilization. Many women, we are talking about hundreds, were coerced or forced in one way or another and convinced that the sterilization was absolutely essential. It came at a substantial cost, and I am not talking about money. I am talking about human rights. It is quite unfortunate that it took so long for us to recognize, as a nation, that it was being done in some provinces. In Canada, there is a joint responsibility related to many different portfolios, jurisdictional responsibilities between Ottawa and the different provinces. We had some provinces that had a law that supported forcing women, in essence, through coercion and other ways, to be sterilized. B.C. was one, and there were others. That is a very serious violation of human rights. At the core of the issue, it is about trust. The question I posed to my colleague across the way was to recognize the terror and horror that an individual would have experienced as a survivor. I suspect we would find that many of the women who were put through this tragedy had no sense of what was being done to their bodies, to then find out at a later point that they were sterilized. I can only imagine how difficult it would have been to address the emotions and the fact that they were not able to have a child. Often individuals were completely misled to believe that they could change it in the future. Some people today still think sterilization is something that can be reversed a few years later, which is not the case. It was particularly devastating to some communities more than others. Indigenous people were targeted, if not intentionally, but I would suggest that it was intentionally by many, to have sterilization. It was the same thing for people with disabilities, where the line was crossed. It is an issue of trust. When we seek assistance or advice, we have faith in the people in our institutions, that they are going to take a balanced approach in providing advice that is based on medical conditions, some social factors, no doubt, and other considerations. We have faith that ultimately was displaced. There was another agenda being served, over and above the interests of the woman who was having to make a difficult decision or, in many ways, on whose behalf a decision was made. One can only appreciate how it is that someone’s human rights, very basic ones, were violated in a situation like that. Coerced sterilization is a serious violation of bodily autonomy. Whether one likes it or not, the bottom line is the realization that it is a woman’s right to decide. We as a society need to support that in every way. The legislation before us, Bill S-228, is not the first time we have attempted to get this through, but I believe that now, given the current political situation and having it at the third reading, we are talking about another hour or hour and a half’s debate before its ultimate passage. With the support that the legislation has received from the Senate and members of Parliament, current and past, there is no doubt in my mind that this legislation will not only pass but receive royal assent. That is a good thing. It has taken a long time. As has been pointed out, these sterilization policies were enacted generations ago, probably 60 or 70 years ago. At the end of the day, the House of Commons is providing clarity on an important issue. The only reason the House is recognizing this is that survivors have had the courage and bravery to continue to talk about it. I remember in the Manitoba legislature, years ago, when I was first made aware of the issue. There were even issues being raised back then in regard to sterilization and crossing the line between what is advice and consent versus coercion, and it still happens today. It is because of those brave and courageous women from the past who had to live through that experience and then continue to share their experiences that the public and parliamentarians at all levels have become enlightened about the issue, which ultimately has led to the legislation we have before us. Survivors, particularly indigenous women, have been clear about the harm caused by forced or coerced sterilization. They are the ones I would like to recognize in particular and thank for their persistence on the issue. They are the reason the legislation will be passed, as well as indigenous leadership, individuals within the disability communities and others, human rights advocates who have seen the violation that has taken place and recognized it for what it is: a lack of consent, disinformation and discrimination. It is important that we recognize all these negative things that have taken place. It is also important to recognize the many different forms and to be diligent so that it does not continue to take place.

Chris Bittle, St. Catharines

Liberal
“I want the House to pass this bill. It makes it clear in the Criminal Code that sterilizing someone without their consent is aggravated assault. Indigenous women and other vulnerable people are still being forced into this procedure, and this bill makes sure the law treats it as a serious crime.”
Official Hansard

Mr. Speaker, I rise today in strong support of Bill S-228, following its careful study by the Standing Committee on Indigenous and Northern Affairs. At the outset, I want to recognize the important work of the committee. Members heard from 19 witnesses, including advocacy groups, indigenous leaders and legal experts. Their testimony was powerful, grounded in lived experience and essential in ensuring that this legislation reflects the realities of those most affected and the seriousness of the harm we are addressing. Their work has reinforced the urgency of the bill’s adoption. Bill S-228 addresses a reality that is both deeply troubling and unfortunately ongoing: the forced and coerced sterilization of indigenous and racialized women, girls and 2SLGBTQI persons in Canada. Survivors have come forward with accounts of being subjected to sterilization procedures without their free and informed consent, sometimes through coercion, sometimes through misinformation, and often at moments of profound vulnerability, including during childbirth or institutional care. These are not isolated incidents. They reflect a broader legacy of systemic discrimination rooted in colonialism, racism and deeply gendered assumptions about who is deemed fit to have children. While some may be tempted to view this as a historical injustice, confined to another era, the evidence heard at committee makes it clear that this harm has not been relegated to the past. It persists. That is why this bill matters. At its core, Bill S-228 is a clarifying measure, but it is no less significant for that reason. It makes explicit what is already implicit in our criminal law: that sterilization procedures carried out without valid consent constitute aggravated assault. Aggravated assault is the most serious form of assault under the Criminal Code. It applies when a person is wounded, maimed or disfigured, or when their life is endangered. Because sterilization procedures inherently involve the alteration of the human body in a permanent and profound way, they fall squarely within this framework when performed without consent. This bill would remove any ambiguity. It would send a clear and unequivocal message: Non-consensual sterilization is not merely inappropriate; it is not merely unethical; it is criminal, and it is among the most serious forms of violence recognized by our law. This bill would not create a new offence. It would not alter the law of consent, and it would not interfere with legitimate medical practice. That distinction is critical. Canada’s legal framework already requires that consent be free, informed and given by a person with the capacity to understand the nature and consequence of the medical procedure. Consent obtained through coercion, manipulation or abuse of authority is not valid consent. Bill S-228 would simply clarify how these well-established principles apply in the context of sterilization procedures. It would preserve the right of individuals to make their own reproductive choices, including the choice to undergo sterilization. What it protects is the integrity of that choice. The committee’s study also underscored an important reality: Despite existing legal protections, no criminal charges have been laid in Canada in cases involving alleged coerced sterilization. That fact alone raises serious concerns about clarity, accountability and, perhaps more importantly, trust. For many survivors, particularly indigenous women, the absence of legal consequences has contributed to a profound erosion of trust in institutions, such as the health care system, law enforcement and the justice system itself. Bill S-228 is not a complete solution to that broader challenge, but it is an important step. It would provide clarity to police, prosecutors and courts. It would reinforce the seriousness of the offence, and it would signal to survivors that Parliament has heard them. We must recognize that the harm caused by non-consensual sterilization extends far beyond the physical. It is a violation of bodily autonomy. It is an infringement on reproductive rights, and for indigenous communities, it carries deep cultural and intergenerational consequences. The ability to have children is not only a personal matter. It is tied to identity, family and the continuity of community. To deprive someone of that ability without their consent is to inflict harm that reverberates across generations. That is why this bill is also consistent with Canada’s broader commitments, including the United Nations Declaration on the Rights of Indigenous Peoples and the national action plan to end gender-based violence. Bill S-228 reflects a commitment to address systemic discrimination and to take concrete steps to prevent this harm from occurring in the future. I want to highlight the collaborative nature of this legislation. This bill was introduced in the Senate. I also want to highlight the important work done by members of this place. I am thankful for the opportunity to speak to this bill.

Rebecca Chartrand, Minister of Northern and Arctic Affairs and Minister responsible for the Canadian Northern Economic Development Agency

Liberal
“I support this bill. It makes sterilizing someone without their consent a serious crime under the Criminal Code. Indigenous women have faced this violence in hospitals for generations, and it still happens today. This bill treats forced sterilization as aggravated assault.”
Official Hansard

Mr. Speaker, right now in Ottawa, leaders, survivors, families and frontline workers are gathering for the third national summit on missing and murdered indigenous women, girls and 2SLGBTQI+ people. They are coming together under a powerful theme: “from principles to policy, from resolution to action.” Tomorrow, May 5, is Red Dress Day. Across this country, we are going to see red dresses in windows, in trees and on Parliament Hill, each one representing a life that was taken, a voice that was silenced or a family that was forever changed. This is not symbolic alone; it is a call to action. The violence that indigenous women face is not random; it is systemic. It is rooted in policies, institutions and decisions, both past and present. That is why I want to speak to Bill S-228. Bill S-228 is a Criminal Code amendment that makes something unmistakably clear: that forced and coerced sterilization is a crime. It defines sterilization without consent as an act that wounds or maims, making it prosecutable as aggravated assault. Let us be clear about what that means. It means that what happened to indigenous women in hospitals and medical systems, often without their full, informed consent, is not just unethical. It is violence, and not historical violence. Reports have confirmed that forced and coerced sterilization has continued into modern times within our own health care system. When we talk about MMIWG, we must understand that it is all connected. The national inquiry called the crisis of missing and murdered indigenous women and girls a genocide, not because of one issue but because of a pattern, a system that has, for generations, devalued indigenous women’s lives, controlled indigenous women’s bodies and failed to protect indigenous women. I wholeheartedly support Bill S-228, and I thank members for bringing it forward to the House.

Arielle Kayabaga, London West

Liberal
“I support this bill to stop forced sterilization. It protects women who are most at risk, especially Indigenous women, Black women, and people with disabilities. Tomorrow is also Red Dress Day, when we remember missing and murdered Indigenous women.”
Official Hansard

Mr. Speaker, for the sake of utilizing our time correctly, in talking about the importance of Bill S-228, I want to build on what my colleague was talking about: the importance of making sure that women across Canada have the opportunity to be consulted when they need to make decisions about family planning. Obviously, this issue has affected women in Canada, indigenous women disproportionately, and Black women. I want to take this opportunity to talk about the fact that tomorrow is Red Dress Day, an important day for indigenous women, when we remember the missing and murdered indigenous women across Canada. This is an opportunity for everyone in Canada to be aware of the issues that disproportionately affect indigenous women— An hon. member: And people with disabilities. Hon. Arielle Kayabaga: —as well as people with disabilities. Mr. Speaker, I thank my colleague for making sure that important comment was made. Sterilization disproportionately affects marginalized women, women who people think no one is going to look for, women who did not have the support system—

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 116

  1. Government Orders Military Justice System Modernization Act 35 statements
  2. Private Members' Business Criminal Code 13 statements
  3. Government Orders Government Orders 8 statements
  4. Oral Questions Finance 4 statements
  5. Oral Questions Natural Resources 4 statements
  6. Oral Questions Finance 4 statements
  7. Oral Questions The Economy 6 statements
  8. Oral Questions Finance 4 statements
  9. Oral Questions Natural Resources 4 statements
  10. Oral Questions Taxation 4 statements
  11. Oral Questions Finance 2 statements
  12. Oral Questions Public Services and Procurement 4 statements
  13. Oral Questions Finance 4 statements
  14. Oral Questions The Economy 4 statements
  15. Oral Questions Finance 2 statements
  16. Oral Questions Veterans 2 statements
  17. Oral Questions Natural Resources 7 statements
  18. Oral Questions Immigration, Refugees and Citizenship 10 statements
  19. Oral Questions Emergency Management 2 statements
  20. Oral Questions Indigenous Affairs 6 statements
  21. Oral Questions Northern Affairs 2 statements
  22. Oral Questions Indigenous Affairs 3 statements
  23. Oral Questions The Economy 5 statements
  24. Government Orders Report Stage 86 statements
  25. Adjournment Proceedings Adjournment Proceedings 4 statements
  26. Adjournment Proceedings Adjournment Proceedings 4 statements
  27. Adjournment Proceedings Adjournment Proceedings 4 statements