Bill S-250 (Historical)

An Act to amend the Criminal Code (sterilization procedures)

This enactment amends the Criminal Code to clarify that a sterilization procedure is an act that wounds or maims a person for the purposes of subsection 268(1).

Criminal Code

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, I rise today to speak to Bill S-228, an act to amend the Criminal Code on sterilization procedures. Bill S-228, formerly Bill S-250, would criminalize the act of forcing or coercing a person to become sterilized without proper consent. It would amend the Criminal Code of Canada by adding section 268.1, which would clarify what a sterilization procedure is and add clarity that a sterilization procedure is an act that would fall under subsection 268(1).

I want to thank Senator Yvonne Boyer for her leadership in bringing forward this bill. This is not an easy topic to talk about, but it would bring an important solution, so that forced or coerced sterilization would never happen again.

Forced or coerced sterilization is a form of eugenics, and Canada has a troubling and well-documented history when it comes to its practice. In 1928, Alberta enacted the Sexual Sterilization Act, which established a eugenics board empowered to authorize the sterilization of patients in mental hospitals who were being considered for discharge. If the board determined that an individual might pass on a perceived disability to their children, it could approve the procedure.

At first, the act required consent, either from the patient or from the parent, guardian or spouse. However, in 1937, the legislation was amended to remove the requirement for informed consent for those labelled “mentally defective”. During the 44 years in which this legislation was in effect, the eugenics board approved 4,725 cases for sterilization, of which 2,834 were carried out.

One of the survivors was Leilani Muir. In 1955, Ms. Muir was admitted to the Provincial Training School for Mental Defectives in Red Deer. She was told she was undergoing a routine appendectomy when doctors decided to sterilize her without her knowledge, much less her consent. It was only years later that she found out, while trying to conceive, that her sterilization had occurred. In 1996, Ms. Muir became the first person to successfully sue the Alberta government for wrongful sterilization. Ms. Muir's case opened the door for similar class action lawsuits, and by 1999 the Province of Alberta had paid $142 million in settlement costs to over 700 victims.

The Sexual Sterilization Act was repealed in 1972 by Premier Peter Lougheed's Progressive Conservative government, and in 1999, former Premier Ralph Klein made an historic formal apology for the forced sterilization of more than 2,800 people. British Columbia enacted a similar law that was in place between 1933 and 1973, yet it was narrower in scope than Alberta's legislation and therefore impacted a lot fewer people.

Both Saskatchewan and Ontario debated bringing forward this type of legislation, but ultimately the legislation did not pass. As a result, many assume that forced sterilization belongs to some troublesome but distant past. This assumption, however, is completely inaccurate. Reports of forced or coerced sterilization have surfaced as recently as last year, 2025. For those affected, this is not history. It is lived experience.

To date, it is estimated that somewhere between 12,000 and 15,000 indigenous women and men have experienced forced or coerced sterilization in Canada. Evidence also shows that other marginalized groups, including women living in poverty, women with disabilities, African Canadian women, racialized and ethnic minority women and women living with HIV, have been particularly vulnerable to coercive sterilization practices within Canadian health care settings, where their autonomy and informed consent were compromised or, worse yet, completely disregarded.

This week, I had the opportunity to attend an information session, where survivors of forced and coerced sterilization bravely shared their stories. One survivor, Chastity, really touched my heart. She recounted her experience to me, saying that during the birth of her daughter, she had been scheduled for a Caesarean section. Upon her arrival at the hospital, doctors began discussing complications from her previous pregnancy and then shifted to the topic of tubal ligation. She made it clear that the doctors were speaking among themselves but not including her in the conversation, as though the decision had already been made.

She explicitly told the doctors that she did not want to have a tubal ligation, and instead she asked about having a five-year contraceptive implant. She was handed documents to sign, and she believed she was consenting to the implant. Throughout this time, she was drifting in and out of consciousness and experiencing disorientation. She was not informed of her options, nor was she in a condition to provide meaningful consent. Despite this, during her C-section, Chastity remembers the smell of burning flesh. To this day, she does not know exactly which procedure was performed on her.

The trauma of this experience has had lasting impacts and effects, yet tragically, Chastity's story is just one of thousands. She was 22 years old at the time. She is now in her early forties. She is only a couple of years older than me. This clearly is not a problem of the past, and we must do something today to stop it once and for all.

Forced or coerced sterilization is a profound violation of human rights. It strips individuals of bodily autonomy, personal freedom and fundamental dignity. As Chastity stated, “This isn't theoretical. It happened to real people, Indigenous women, racialized women, and vulnerable women. Survivors were harmed without consent. A law is required because human rights should never rely on goodwill.”

In my view, forced and coerced sterilization constitutes aggravated assault and should be prosecuted under the Criminal Code. While existing provisions of the Criminal Code may, in certain circumstances, allow for this to be prosecuted, it really leaves a gap and a hole. It is clear: The Senate committee, expert witnesses repeatedly testified that these provisions rarely actually resulted in meaningful accountability.

The absence of explicit language creates uncertainty for law enforcement, prosecutors, health care administrators and survivors alike. When the law lacks clarity, investigations falter, prosecutions stall and the people harmed are reluctant to come forward. This is just one more example of our medical system that mistreats and misunderstands women, especially women in these vulnerable times.

The legislative gap leaves grave violations insufficiently addressed, and the resolution is Bill S-228. I am so proud to be able to second the bill. The legislation, at its core, is about justice for every person who has endured the profound violation of forced or coerced sterilization. Indigenous women have been disproportionately targeted, reflecting a painful and well-documented history of discrimination and systemic racism, but we also have to recognize that this abuse has not been confined to one community. This abuse has afflicted women, gender-diverse people, and men throughout our entire country. It has harmed individuals from coast to coast to coast. This is something that truly just has to end today.

Let me reiterate: Forced sterilization is not just something in the past. It is happening now, today, to somebody's daughter or son, perhaps to someone we might very well know. Passing the bill would not undo the suffering already inflicted, but it would tell the survivors that we hear them, we see them and we will make sure that never again will this happen in this great country of ours. I would urge every member to support the bill.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot—Acton, QC]

Mr. Speaker, I freely admit that until very recently I was convinced that forced sterilization was already illegal, as it seems to me to be a matter of basic common sense. No one should be subjected to such an inhumane and degrading practice.

Despite a legal framework that is already strict in Quebec and Canada and despite multiple safeguards that protect patient consent, this requirement can still be compromised in certain clinical contexts, particularly when indigenous or minority women are in vulnerable situations. By explicitly banning forced or coerced sterilization in the Criminal Code, victims would have a clear recourse for launching investigations or taking legal action. Depending on the circumstances, these actions may constitute aggravated assault. That is why we support Bill S‑228. The Bloc Québécois will vote in favour of it. This ban would also act as a deterrent for health care professionals. It would also encourage hospitals, medical associations and professional bodies to adopt policies to ensure that medical practices are fully in line with the law.

The bill specifies that “a sterilization procedure is an act that wounds or maims” a person for the purposes of subsection 268(1) of the Criminal Code, that is, aggravated assault. It also defines what constitutes sterilization, which is helpful. The bill states:

sterilization procedure means 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.

Historical data shows that the forced or coerced sterilization of indigenous women in Canada was part of a eugenic and colonial attitude that persisted until the 1970s. It is estimated that between 1966 and 1976, more than 1,200 sterilizations were performed, including approximately 1,150 on indigenous women and 50 on men or people whose gender was not documented, with more than 70 additional procedures performed on women in Nunavut. In Alberta, under the Sexual Sterilization Act, 74% of indigenous people referred to the Alberta Eugenics Board were actually sterilized, compared to 60% of all people referred, illustrating a clear overrepresentation of indigenous people in these programs.

In her work on these practices, researcher Karen Stote documented 580 sterilizations performed in federal Indian hospitals between 1970 and 1975 alone, which suggests that the already high numbers available are just a minimum, given the destroyed archives, incomplete records and the lack of systematic data by community or identity. Little data seems to be publicly available on sterilizations that may have taken place before the 1960s. However, make no mistake: These numbers are alarming. In my community, as a member of the Huron-Wendat Nation, I have not heard of any such instances. I am not aware of any. Some may have occurred, but I have not heard anything about it. However, all first nations stand in solidarity with each other.

In the more recent past, the magnitude of the issue is reflected more in class actions and investigations than in official administrative statistics. A class action filed in Saskatchewan in 2017 includes more than 100 indigenous women from various regions alleging coerced sterilization or sterilization without free and informed consent, including tubal ligations performed between 2008 and 2012. At least 55 women had already contacted lawyers by the late 2010s.

Across the country, organizations such as the Native Women's Association of Canada and various reports mention at least five ongoing or announced class actions involving institutions and doctors in several provinces. In Quebec, a university study cited in the media and by indigenous groups identified at least 22 instances of forced or coerced sterilization of indigenous women between 1980 and 2019.

Approximately 30 Atikamekw women are currently participating in a class action against the Centre intégré de santé et de services sociaux de Lanaudière and three doctors for sterilizations performed without consent from 1980 to the present.

Forced or coerced sterilization has no place in a free and democratic society. It must come to an end once and for all. The bill is an important step toward explicitly prohibiting forced or coerced sterilization. Its passage will provide vulnerable women with greater legal protection and affirm the primacy of free and informed consent in the face of forced sterilization.

During the last parliamentary session, the Standing Senate Committee on Legal and Constitutional Affairs expressed concern that tensions might arise between obtaining consent for sterilization and intervention during medical emergencies or other situations requiring sterilization. A number of amendments were made to Bill S-250, which became Bill S-228, the one before us today. It now offers clearer and more precise language that could have a significant impact on the importance of free, informed and prior consent, as well as on the importance of informing patients of the medical risks associated with procedures, including the possibility of sterilization when a doctor must act to protect the patient's health or life from a medical standpoint.

Furthermore, some inclusion groups have criticized the bill for the limited scope of the definition of “sterilization procedure”. They would like to include transgender, non-binary and intersex individuals, as well as men. However, it should be noted that the current definition remains inclusive, as it encompasses “any other procedure performed on a person that results in the permanent prevention of reproduction”.

In any case, adopting legislative provisions is not enough. For them to have a real impact, they need to be accompanied by specific regulations, rigorous enforcement mechanisms and strategies that respect the cultural realities and autonomy of indigenous nations. Without this, the Canadian government risks repeating its usual ineffective centralizing practices. The full and complete participation of indigenous organizations is an essential condition for the legitimacy and effectiveness of any reform. Only through this collaboration can we guarantee the real protection of the rights of indigenous women and all those who may be exposed to these unacceptable practices.

In addition, any legislative or regulatory action in this area must fully respect the jurisdictions of Quebec and the provinces in health care. Ottawa cannot impose one-size-fits-all measures that circumvent Quebec's autonomy. Otherwise, it would repeat the historical mistakes of centralization. Protecting women's rights and overseeing medical practices both fall primarily under provincial jurisdiction. Any reform must fully involve Quebec, its institutions and indigenous organizations in its design and implementation.

One specific example of this is the Collège des médecins du Québec. Following the report of the First Nations of Quebec and Labrador Health and Social Services Commission, the college put in place an action plan and added a preamble to its code of ethics recognizing the realities of first peoples, respect for all identities and the fight against systemic inequalities. What is more, the ALDO‑Québec training program was updated with a new social responsibility unit on equity, diversity, inclusion and global health.

That is what we need to keep an eye on and put in place. However, for now, we fully support this bill.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

moved that Bill S-228, An Act to amend the Criminal Code (sterilization procedures), be read the second time and referred to a committee.

Mr. Speaker, I rise today to speak to Bill S-228, an act to amend the Criminal Code regarding sterilization procedures.

Before I begin remarks, I want to recognize one of the most important aspects of this bill: how it was developed. This is survivor-centred, indigenous-led legislation. This legislation exists because survivors had the courage to speak when silence might have been easier. I want to recognize and thank those who came forward, shared their truths and stood not only for themselves but for so many others.

As I read the names, I ask for leniency if I mispronounce any: Jackie Kistabish, Algonquin, from Val-d'Or, Quebec; Kahsenniyo Kick, Mohawk, from Six Nations, Ontario; Sylvia Nepinak, Anishnawbek, from Minegoziibe first nation, Manitoba; Sylvia McKay, Cree, from Peepeekisis, Saskatchewan; Heather Bear, Cree, Saskatchewan; Germaine Henry, Cree, from Chacachas, Saskatchewan; Chasity Kyplain, Cree, from Yellow Quill, Saskatchewan; Nicole Rabbit, Kainai Blood Tribe and Blackfoot, from Treaty 7, Alberta; Lois Cardinal, Cree, from Saddle Lake, Alberta; Nilak Ironhawk-Tommy, Inuit, from Cowichan, British Columbia; Susan Anderson, Métis, from Region 6; and so many more. Their strength, leadership and willingness to relive painful experiences have made this moment possible, and because of them, Parliament will hopefully act.

I would also like to express my deep gratitude to Harmony Redsky, executive director of the Survivors Circle for Reproductive Justice, and to the staff, volunteers and supporters whose tireless advocacy has ensured that survivors' voices are heard and respected and that their calls for justice could no longer be ignored.

They are not alone. People First of Canada and Inclusion Canada, formerly the Canadian Association for Community Living, are two other organizations that are standing up for persons with intellectual disabilities, like Roy Skoreyko, a People First self-advocate and member of the Inclusion Canada board, who was also sterilized at an institution at the age of 16 and who now continues to advocate for other survivors.

This legislation addresses a profound injustice, one that Canadians assume belongs to a distant past, but it does not. Forced and coerced sterilization is not historical. It is not theoretical. It is happening in Canada today, and that is why Parliament must act.

Bill S-228 builds on earlier legislation first introduced by Yvonne Boyer in the Senate as Bill S-250. Its purpose is clear: to strengthen the Criminal Code so that forced or coerced sterilization is explicitly recognized within the law as a serious form of aggravated assault. The bill would create a legislative framework that acknowledges this practice as part of Canada's broader legacy of systemic discrimination, colonization and racism, which has disproportionately affected indigenous peoples and other marginalized communities.

This issue has also been recognized at the national level. The National Inquiry into Missing and Murdered Indigenous Women and Girls documented the history of forced sterilization as a tool used to control and diminish indigenous populations with lasting and intergenerational impacts.

For decades, Canada has carried the painful legacies of eugenics and reproductive control. Beginning in the 1920s, sterilization policies emerged across the country, targeting those deemed unfit. These practices were formalized in provincial law in Alberta and British Columbia until their repeal in 1970. However, the repeal of those laws did not end the mindset that made them possible.

The practice persisted after formal eugenics policies ended and continues to be reported today. Media reports in 2015 prompted an external review in Saskatoon, which confirmed that indigenous women had been subjected to coerced sterilization and called for reparations, cultural safety measures and legal reform. That review helped bring national and international attention to the issue and contributed to multiple ongoing class action lawsuits.

Survivors continue to report being pressured, misled, threatened and sterilized without full and informed consent, often during the most vulnerable moments of their lives: during labour, immediately after childbirth or while under medication and distress. Some were told their babies might be taken away if they refused. Others were told the procedure was reversible, but it was clearly not. Some did not understand the forms they were asked to sign, and some of them were never told at all. This is not informed consent. Consent obtained through pressure, fear, misinformation or exhaustion is not consent. It is coercion.

The consequences of forced sterilization extend beyond physical harm. Survivors describe lifelong grief, trauma, the loss of identity and a profound sense of violation. For indigenous women, the harm is even deeper. In many indigenous world views the ability to bring children into the world is not only personal but also cultural, spiritual and connected to the survival and continuity of community.

This issue does not affect indigenous women alone. The committee has heard evidence that other groups were also at heightened risk levels, such as women with disabilities, women living with HIV and institutionalized persons, among so many others. In each case, multiple and intersecting forms of discrimination increase vulnerability to reproductive rights violations. Preventing a woman from having children without her consent is not simply a medical violation. It is an assault on dignity, autonomy and self-determination. It disrupts families. It fractures the trust in the health care system, and its effects echo across generations.

Forced and coerced sterilization does not occur in isolation. It is rooted in systemic racism, colonial assumptions and harmful stereotypes such as the belief that some women are unfit to be mothers, that some lives are less valued or that some communities should be controlled rather than supported.

While much of the testimony and evidence we have heard focuses on the experiences of women, particularly indigenous women, it is important to recognize that this issue is not confined to one gender. Sterilization procedures affect people of all sexes, and the principle at stake is universal. Every person has the right to bodily autonomy and to make free and informed decisions about their reproductive future. Historically, men and boys were also subjected to sterilization under eugenic policies, and today individuals across diverse communities, including intersex persons and others facing medical vulnerability, may be at risk when power imbalances and inadequate consent policies exist.

At its core, this is not just a women's-only issue. It is a human rights issue. It is about the fundamental right of every person in Canada to control their own body, free from pressure, coercion or discrimination. When survivors speak of being judged, dismissed or pressured by authority figures, they are describing not individual failures but systemic ones, and when people lose trust in the health care system, the consequences extend far beyond reproductive health. Care is delayed, services are avoided and health care outcomes worsen.

The bill is therefore not only about criminal law but about rebuilding trust. Some have asked why new legislation is necessary. Do existing criminal code provisions not already cover assault? Technically, they might, but in practice, they have not. Despite years of reports and testimony, the Standing Committee on Human Resources found that forced and coerced sterilization is continuing today and is both under-reported and underestimated. The committee also found that these practices disproportionately affect indigenous women, women with disabilities and racialized women, and the list goes on, including institutionalized persons. The problem is not simply the absence of law; it is the absence of clarity.

When the Criminal Code does not explicitly name a harm, enforcement becomes uncertain and investigations unfortunately stall. Prosecutors hesitate and survivors lose confidence that the system will take their experiences seriously. This bill, Bill S-228, would make it explicit, for greater certainty, that performing a sterilization without consent constitutes aggravated assault under section 268. It would not create a new offence, but would strengthen the application of the existing law. It would send a clear message that the conduct is criminal, serious and unacceptable.

The legislation would also clarify the legal consequences. Anyone who performs or participates in coercive actions to cause a sterilization without consent would be guilty of an indictable offence carrying a maximum penalty of 14 years in prison. At the same time, the bill would establish clear safeguards to protect patient autonomy and ensure ethical medical practices.

Let me also address a concern that has been raised. Bill S-228 would not restrict access to voluntary sterilization. It would not interfere with reproductive choice. It would not criminalize legitimate medical practice or emergency care performed in good faith.

Where sterilization is requested, medical practitioners must ensure that consent is truly informed, truly voluntary and free from external pressure. Patients must be informed of alternative contraception options, must understand that consent can be withdrawn at any time and must be given a final opportunity to withdraw immediately before the procedure. Consent would also be deemed invalid if the individual is under 18, incapable of consenting or has not initiated a voluntary request. The bill targets only one thing, sterilization without consent, nothing more and nothing less.

Survivors asked for criminalization. They testified before Senate committees. They shared their stories, often at great personal cost, so that this practice could be recognized and stopped. The Senate Standing Committee on Human Rights studied the issue. Its first recommendation was clear that legislation should be introduced to prohibit forced and coerced sterilization. Bill S-228 is Parliament's response to that recommendation.

When survivors tell us what justice requires, it is our responsibility to listen and to act. Some have suggested that education and policy reform alone would be sufficient. Yes, education, cultural safety and health system reform are essential, but education without accountability does not prevent abuse.

Clear legal consequences matter for three reasons. The first is deterrence. Providers and institutions know there are serious consequences for violating consent. The second is accountability. When harm occurs, there is a clear legal pathway to investigate and prosecute. The third is recognition. Survivors see that the law acknowledges what happened to them as a serious violation of their rights, and for many survivors that recognition matters deeply. It tells them that their voices were heard, that what happened to them was wrong and that they will not be ignored.

Passing Bill S-228 will not undo the harms of the past, but it is a concrete step forward to ensuring that such harm does not continue. Reconciliation requires accountability and action. This bill I feel is both.

The urgency of this legislation could not be overstated. Cases have been reported as recently as this year. Every day that passes without clear legal protection is another day when someone could face pressure, coercion or violation at one of the most vulnerable times of their life. This is not an abstract policy debate or about whether a woman leaving a hospital will still have the reproductive future she chooses for herself, but about whether our health care system can protect someone's autonomy or override it.

I understand my time is coming to an end, so I ask members to understand that Bill S-228 would affirm that no one's reproductive future can be taken from them without consent. Forced and coerced sterilization is one of the most serious violations of bodily autonomy and human dignity. It is time to act, and we should do it now.

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

moved that Bill S-228, An Act to amend the Criminal Code (sterilization procedures), be read the first time.

Mr. Speaker, today I rise to introduce Bill S-228, seconded by the member for Lethbridge. This legislation is identical to amended Bill S-250, which the Senate unanimously endorsed and sent to the House of Commons in October 2024.

Bill S-228 directly confronts the abhorrent and ongoing reality of the forced and coerced sterilization of women, indigenous women and other marginalized individuals in Canada. By making it explicit in the Criminal Code that performing sterilization without consent constitutes aggravated assault under subsection 268(1), we would send a clear message that such acts will not be tolerated in our society.

I want to express my deepest gratitude to Senator Boyer, whose vision and leadership have been instrumental in shaping the bill, along with Senator Wells. Most importantly, I honour the survivors. Some of them are with us in Ottawa today, specifically from the Survivors Circle for Reproductive Justice. Combined, their courage, resilience and unwavering advocacy have brought this issue to the forefront.

Without their voices and determination, this legislation would not be before us today. Let us allow this opportunity to get the bill passed. Now is the time to act to protect the vulnerable, uphold justice and ensure that such violations never happen again in Canada.

(Motion agreed to and bill read the first time)

Message from the Senate

[The Speaker, Greg Fergus]

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bill, to which the concurrence of the House is desired: Bill S-250, an act to amend the Criminal Code with respect to sterilization procedures.