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

Just Posted

Let the Games begin!

Team Alberta takes home gold and silver in speed skating on day one

WATCH: Historic night in Red Deer as 2019 Canada Winter Games kicks off

Star-studded Opening Ceremony features athletes from across Canada

Athletes’ medals unveiled at the official kick-off of 2019 Canada Winter Games

Medals depict Central Alberta landscape and pay tribute to First Nations

WATCH: Canada Winter Games are finally here

Final leg of torch relay kicked off at Fort Normandeau

Furever Ours dance coming to Botha

Tickets still left for “Furever Ours” dine and dance

Fashion Fridays: Up your beauty game

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Team Alberta adds nine medals on day two of competition at Canada Winter Games

Team Alberta had a solid day at the 2019 Canada Winter Games in Red Deer

Cabinet likely to extend deadline to reconsider Trans Mountain pipeline

New round of consultations with Indigenous communities is coming

PHOTOS: Canada Games action from the Gary W. Harris Canada Games Centre

Wheelchair basketball, short-track speedskating draw large crowds

Disgraced ex-Congressman Anthony Weiner released from prison

He was convicted of having illicit online contact with a 15-year-old North Carolina girl in 2017

Jason Kenney pledges education revamp if UCP wins power in Alberta

Kenney has said the full United Conservative platform will be rolled out during the campaign

Ontario police field complaints over Amber Alert for missing girl, 11, found dead

Some said the Amber Alert issued late Thursday for Riya Rajkumar disrupted their sleep

‘Mitts don’t just warm hands. They warm hearts’: Mitts for Many Program launches

Donate new or lightly used mittens to bin in the Great Hall of the Gary W. Harris Centre

Most Read