“I am here to support a bill that amends the Criminal Code. Sterilization procedures should be considered aggravated assault. This bill will protect women's bodily integrity and require their free and informed consent. We addressed fears from the medical community. This bill targets intentional sterilization without consent.”
Official Hansard
Madam Speaker, I am pleased to rise today. This will be my first time speaking to Bill S‑228, an act to amend the Criminal Code with regard to sterilization procedures. We are now at third reading. As the Bloc Québécois critic for indigenous relations and northern development, I must say I have heard from a number of witnesses at the Standing Committee on Indigenous and Northern Affairs. It is hard not to be moved by what indigenous women, as well as women from ethnic minorities, have gone through. We know that these women, including women with disabilities, are the most affected by something that simply should not exist. It is unacceptable, even terrifying, for women. I think the fact that I am here today on behalf of the Bloc Québécois to offer our support for the quick passage of this bill is a victory in and of itself, a victory that belongs to all women and their loved ones. We know that when tragedy strikes, we are all affected by what those around us are going through, so this will be their victory too, because I believe that there is agreement on both sides of the House to finally pass this bill, which is actually very straightforward. This bill amends the Criminal Code to clarify that, for the purposes of subsection 268(1), a sterilization procedure is “an act that wounds or maims a person”. The bill defines a “sterilization procedure” as “the severing, clipping, tying or cauterizing, in whole or in part, of the Fallopian tubes, ovaries or uterus of a person or any other procedure performed on a person that results in the permanent prevention of reproduction, regardless of whether the procedure is reversible through a subsequent surgical procedure.” This constitutes aggravated assault. As we have already done with regard to rape, we want to specify in the Criminal Code that this indeed constitutes aggravated assault. We want to ensure that, even though some people have talked about symbols, we want to go beyond symbols. We really want to ensure that we always strengthen the protection of those women whose bodily integrity is threatened. We want to ensure they are protected and we also want to assure them that they will be able to access the same health care as any other woman and that their free and informed consent will be required and taken into account. Certainly, as critic, I wanted to ensure that unintended consequences of medical procedures would not be included. A number of people provided testimony and some expressed concerns. We want to ensure the bill has the desired effect. That is indeed what we tried to do, to allay any possible fears about the bill, and we have done so. Some of the fears were expressed by the medical community, but all the answers provided were able to, as I said, allay people's fears. For example, the definition I read in the bill earlier requires the primary purpose of the procedure to result in the “permanent prevention of reproduction”. One of the examples we considered is that of a patient who consents to chemotherapy, which could indirectly result in sterilization. We ensured that this would not be covered by the bill. It would therefore not be included in the Criminal Code. Once again, the purpose of the bill ensures that it applies only to acts that are intentionally sterilizing. I gave one example, but there are others. The idea is really to target intentional acts, acts that are performed without the patient's free and informed consent. We really wanted this provision to apply both to doctors and everyone else. Situations resulting in sterilization as a side effect are not covered by the bill. Then there was section 45 of the Criminal Code. Section 45 protects doctors who are trying to save lives in emergency situations. Indeed obtaining free and informed consent in an emergency can be extremely difficult. It is certainly a different matter when a life is at risk and action must be taken. It is not considered a violation of the Criminal Code. Section 45 protects the medical profession. That was pretty much the idea we put forward in the last study. The goal was to dispel any fears people might have because not knowing the potential impact is always scary. That could make people reluctant to support the bill. Both sides of the House now agree that the bill should be passed, particularly in light of all the testimony that has been heard. It is important to remember that, while witnesses appeared before the committee in this Parliament, the bill was also examined during the previous Parliament, so we have been working on it for a long time. We have broken down several barriers. Now we are coming to the very end. That means that there is a consensus. I believe that this is the most rigorous and responsible approach, even though, deep down, we fully support a bill like this one, which seeks to put an end to all discrimination regarding sterilization. However, we also need to listen to all community stakeholders and there is a strong consensus there too. To wrap up, I will not read out all of the statistics that I have in front of me or all of the international calls for action. For example, the United Nations is calling for the enactment of legislation to protect all women from this type of injustice or, quite frankly, this type of crime. We are merely strengthening the Criminal Code. I hope that we can also provide the necessary resources. Yes, this is enshrined in the Criminal Code, but we are well aware that not everything can be solved through the Criminal Code. This is an extremely complex issue. Therefore, we need to be able to support women while engaging in dialogue and collaborating with various governmental and non-governmental organizations to ensure we address the full scope of the issue. As I was saying, for me, the recurring theme is truly protecting women, being able to assure them that their bodies belong to them and that no one can make choices for them. What I am saying applies to just about every indigenous affairs issue that comes before the House and that we are involved in. We must consult with women, respect them and ensure that they are stakeholders in the decisions being made on their behalf. In closing, I would like to pay tribute to all the women listening to us.
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