Official Hansard
Madam Speaker, I rise today in support of Bill S-228, an act to amend the Criminal Code regarding sterilization procedures. This legislation addresses a practice that should not even exist. Every Canadian has the right to make medical decisions for themselves, free from coercion, intimidation or force. When that right is violated, the consequences can be lifelong. Bill S-228 would explicitly recognize forced or coerced sterilization as aggravated assault under the Criminal Code. The Criminal Code states that, “Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.” Bill S-228 would add clarity by making it explicit that a sterilization procedure counts as wounding or maiming. It would also reinforce the principle that sterilization must never occur without free, prior and informed consent. The Criminal Code has a needed exemption for medical professionals, but there is a gap when it comes to coerced or forced sterilization. Even though it happens by a licensed professional in a medical facility, it is still an invasive assault with permanent consequences. This conversation is not just about legal definitions, though. This is about women in vulnerable situations being coerced into a decision that will stay with them for the rest of their lives. It is about the dignity of the individual and the responsibility we share to protect those who may be vulnerable to abuse or exploitation. It would be easy to dismiss forced sterilization as a historical issue, but, quite shockingly, we have allegations and documented cases of coercion from less than 20 years ago. The practice of forced sterilization is disturbing, but its origin in eugenics is especially troubling. The history of eugenics influenced laws and public policy in Canada, especially in the early 20th century. Some of those laws remained in place until the 1980s. In that history, individuals were judged on the basis of disability, race, poverty, social status and other characteristics, and were labelled as unfit to reproduce. These harmful ideas led to sterilization laws in some provinces and influenced policies that disproportionately affected indigenous people, persons with disabilities and other vulnerable groups. Thousands of individuals were subjected to sterilization procedures, often without meaningful consent. While those laws were eventually repealed, the attitudes that allowed them to exist did not disappear. The Standing Senate Committee on Human Rights found evidence that forced and coerced sterilization continued long after formal eugenics legislation ended, and that reports of such practices have continued into recent decades. The lessons of the 20th century are clear. Whenever a society begins to judge the value of a human life based on ethnicity, disability, social standing or any other characteristic, fundamental rights are put at risk. When individuals are treated as problems to be managed rather than people deserving dignity and respect, abuse follows. Now we have an opportunity to further reject that ideology. Bill S-228 affirms that every Canadian possesses equal worth, equal dignity and equal protection under the law. Indigenous women, women with disabilities and others have been disproportionately affected. Many have described coercion that occurred in moments of extreme vulnerability, such as while recovering from childbirth, under the effects of medication or facing significant pressures from authoritative figures. These accounts demand our attention. Coming forward to share deeply personal experiences requires extraordinary courage. Many have spoken publicly, not only to seek recognition for what happened to them, but also to ensure that future generations are protected from similar harm. One of those survivors is Katy Bear, a Cree woman from my home province of Saskatchewan, where, regretfully, this took place all too often. She testified that she was pressured into sterilization shortly after giving birth at the age of 21. I will read some of that testimony, taken from a CBC News article. It reads: Bear says she had never considered a tubal ligation before she underwent the procedure at Saskatoon’s Royal University Hospital in 2005. At the time, she was still in the hospital recovering from the birth of her fourth child. “They [health staff] told me it was contraception,” recalled Bear. “I was told because I was 21 and had four kids, that I probably shouldn't have any more, that my kids would be taken away by Child and Family Services.” “I thought, it's a threat.” Both she and her partner at the time were employed and owned their own home, she said. “I never had anybody say I was under the watchful eye of the ministry, of being a bad mom,” said Bear. “They rolled me in, gave me a consent form and they said, ‘just sign this, that's all you need to do.’” Sadly, hers is not the only story by far. Nicole Rabbit, a member of the Survivors Circle for Reproductive Justice, appeared before the Senate committee studying Bill S-250, the predecessor to this legislation. In her testimony, she spoke about her own experience and about the impact forced sterilization had on her family across generations. She shared that in her family alone, she, her mother and her niece had all been sterilized against their will. It went across generations. Reflecting on the harm caused by these practices, Ms. Rabbit told the committee, “It’s like you wiped out a generation.” Those words should weigh heavily on every member of the House. Every human life has inherent value. No government, institution or authority figure should ever have the power to decide that someone is less worthy of having a family because of their ethnicity, disability, economic circumstances or background. The experiences shared by survivors remind us of the consequences of that principle being forgotten or not being enforced. Forced sterilization is not simply a medical procedure performed without consent. It is a violation that affects families, communities and future generations. The harm extends far beyond a single moment in a hospital room. It leaves lasting impacts that survivors carry for years and, often, for decades. Other indigenous women have recounted similar experiences before parliamentary committees and in media reports. Some have described lasting feelings of grief and loss. Others have spoken about the erosion of trust in medical institutions and the difficulty of discussing what happened, even with close family members. The impact of forced or coerced sterilization extends far beyond the procedure itself. For many survivors, it affects family relationships, emotional well-being and future life plans. It can also create lasting feelings of institutional betrayal and broken trust in the institutions that are expected to provide care and protection. I will remind this place that institutions are made up of people, and Parliament has a responsibility to respond. Bill S-228 represents an important step in that process and that response. Clearly identifying forced or coerced sterilization as an aggravated assault would strengthen protections within the Criminal Code and affirm the importance of informed consent, which is something that should be spread across absolutely every procedure by medical professionals. It would also provide greater certainty for victims and survivors. Criminal law should clearly reflect the seriousness of conduct that permanently alters a person's reproductive capacity without their genuine agreement. At its foundation, informed consent requires more than a signature on a form. It requires that a person understands the nature of the procedure, the consequences involved and the alternatives that are available. It must be given voluntarily and without pressure. Consent obtained through intimidation, manipulation or coercion is not consent. That principle should be beyond dispute. The legislation gives Parliament an opportunity to reaffirm that principle in a meaningful way. I want to especially celebrate the people who have made this happen. Senator Yvonne Boyer is an amazing leader who has done an amazing thing in advocating for survivors and ensuring that their experiences cannot be ignored. Her work alongside indigenous organizations, legal advocates and community leaders has contributed significantly to the growing awareness of this issue across Canada. Most importantly, I want to recognize the survivors. To the survivors who have courageously shared their experiences, I want to express my incredible thankfulness. Their willingness to speak has brought attention to an issue that, unfortunately, many Canadians knew little about. Their advocacy has helped create the opportunity for meaningful change. While legislation alone cannot undo the pain that many have experienced, it can help ensure stronger protection for the future and provide a clear framework for accountability.
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