Feds reject push to amend Criminal Code to outlaw forced sterilization

Feds reject push to amend Criminal Code to outlaw forced sterilization

Dozens of Indigenous women say they’ve been pressured into sterilization procedures they didn’t want

The Liberal government does not plan to change the Criminal Code to explicitly outlaw coerced sterilization — rejecting a resolution passed by First Nations chiefs on Thursday.

Heather Bear, the vice-chief of the Federation of Sovereign Indigenous Nations that includes 74 First Nations in Saskatchewan, said Thursday that Justice Minister Jody Wilson-Raybould — a former Assembly of First Nations regional chief herself, in British Columbia — must “do the right thing.”

“The prime minister of Canada has made all these statements on the national stage about truth and reconciliation,” Bear said in an interview. ”We know the justice system doesn’t work for us but this is one way we can put an end to this. I’m really surprised.”

Dozens of Indigenous women say they’ve been pressured into sterilization procedures they didn’t want, or had them carried out without being asked when they were seeing doctors for other reasons.

Coerced sterilization must be criminalized to ensure legal accountability, Bear said, adding the issue is connected to the issue of violence against Indigenous women — the subject of a national inquiry underway in Canada.

“Now it is about killing the ones unborn,” Bear said. “It is really a devastating issue that I hope there is more and more awareness (about) each and every day.”

Bear’s comments come after Wilson-Raybould’s office said in a statement to The Canadian Press that it’s is taking a public-health approach to the issue.

“Our government believes that everyone must receive culturally safe health services no matter where they live,” said the minister’s spokesman David Taylor. “The coerced sterilization of some Indigenous women is a serious violation of human rights and is completely unacceptable.”

But he pointed to existing provisions within the Criminal Code meant to forbid “a range of criminal behaviour” including forced sterilizations.

Alisa Lombard, a lawyer leading a proposed class action of Indigenous women who allege they endured coerced sterilizations in Saskatchewan, said Thursday that changing the Criminal Code is the most concrete thing the government can do about them.

Lombard’s firm, Maurice Law, has listed the Saskatoon Health Authority, the provincial government, the federal government and a handful of medical professionals as defendants in its statement of claim.

About 100 women have now come forward to report they have been forcibly sterilized, Lombard said — a jump of 40 women since The Canadian Press published a story on the issue in November detailing a push from Ontario Sen. Yvonne Boyer to study the issue nationally.

An existing Criminal Code provision speaks to the involuntary termination of pregnancies. Another provision on aggravated assault applies to anyone ”who wounds, maims, disfigures or endangers the life of the complainant.”

A legal void remains, Lombard said.

“We can point to the fact this has been an ongoing occurrence since the 1930s and so the absence of a preventive measure has clearly paved the way for it to continue to happen up until as recently as 2017,” she said.

Saskatchewan appears to be the “epicentre” of the practice, Lombard said, adding her firm has also heard from women from Ontario, Manitoba, Alberta and British Columbia.

“My hope is that the voices of these women will have made a difference and that the voices of these women will ensure future generations of Indigenous girls do not have to bear the same burden of having the same discussion,” Lombard said.

In late November, a rapporteur with the United Nations Committee Against Torture in Geneva said forced sterilization must be seen as equivalent to torture and asked for Canada to consider specific criminal provisions covering it, regardless of whether it’s done by a public agent or private individual.

Human-rights groups — the Native Women’s Association of Canada, Amnesty International Canada, and Action Canada for Sexual Health and Rights — are expected to respond to recommendations to be released by the committee on Friday.

Kristy Kirkup, The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Environment Canada has issued a wind warning for Greater Victoria, with winds expected to get up to 70 km/h Friday morning. (Don Denton/Black Press Media)
Wind warning promises blustery Friday for Greater Victoria

Winds up to 70 km/h expected Friday morning

Low interest rates have acted as a catalyst for the pandemic real estate market. (THE CANADIAN PRESS/Graeme Roy)
Real estate sales surging across Greater Victoria but risks lie ahead

Single family home prices jump nine per cent over past year while condo values remain stable

Crews deal with a rock slide on the Malahat section of Highway 1 in 2017. (Black Press Media file photo)
Rock work closes Highway 1 in Langford for spurts

Friday closures could delay drivers up to 20 minutes

Crews disassemble the iconic red and white KFC bucket from a sign on Goldstream Avenue. (Photo courtesy of Mark Schoor)
Iconic KFC bucket removed from Goldstream Avenue

Popular fast-food chain closes Langford location

One person is dead after a camper van caught fire Thursday morning in Victoria's Beacon Hill Park. (Nina Grossman/News Staff)
UPDATED: One person dead after vehicle fire in Beacon Hill Park

Investigation into Victoria death in early stages

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of March 2

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media file photo)
POLL: How’s your butter?

Recent reports have some Canadians giving a second look to one of… Continue reading

The intersection of Melrose Street and Third Avenue. (ELENA RARDON / ALBERNI VALLEY NEWS)
Suspect in custody after two pedestrians struck in Port Alberni hit and run

RCMP asking for video footage, credit witnesses for quick arrest

(National Emergency Management Agency)
No tsunami risk to B.C. from powerful New Zealand earthquake: officials

An 8.1 magnitude earthquake shook the north of New Zealand Thursday morning

Comox Valley RCMP had access to 20 Street blocked off between Cousins and Choquette avenues as they conducted a raid of a house on the block. Photo by Terry Farrell
Comox Valley RCMP raid Courtenay problem house, several arrests made

Comox Valley RCMP conducted a raid of a problem house on 20th… Continue reading

(AP Photo/Richard Vogel, File)
Pandemic stress, isolation key factors as to why Canadians turned to cannabis, alcohol

Study found that isolation played key role in Canadians’ substance use

A Cowichan Valley mom is wondering why masks haven’t been mandated for elementary schools. (Metro Creative photo)
B.C. mom frustrated by lack of mask mandate for elementary students

“Do we want to wait until we end up like Fraser Health?”

(Pxhere)
B.C. research reveals how pandemic has changed attitudes towards sex, health services

CDC survey shows that 35 per cent of people were worried about being judged

Most Read