Evidence of meeting #131 for Health in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was witnesses.
A recording is available from Parliament.
4 p.m.
Conservative
Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC
Who's on the advisory group you talked about?
4 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
Do you mean the indigenous women's well-being advisory group?
4 p.m.
Conservative
Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC
No, I thought there was an advisory group specifically for this issue.
4 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
The federal-provincial-territorial one.
4 p.m.
Assistant Deputy Minister, Strategic Policy Branch, Department of Health
The group is just in the process of being created. At the moment we have indications from a number of provinces—British Columbia, Saskatchewan, Ontario, one of the territories, and Newfoundland and P.E.I.—and we expect other provinces and territories to identify people.
The group will start as a group of provincial, territorial and federal officials from the ministries of health, but it's our intent to engage in that work representatives of indigenous organizations, women's organizations and health provider groups at the national level. That group is, as I say, just in the process of being created. We hope to have our first meeting in early March.
4 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
I want to just put this into some context as I understand it.
In 2015, women in Saskatchewan reported suffering unwanted tubal ligations and told stories of being pressured by health professionals and social workers to undergo the procedure. Often, as they were in delivery, sometimes on the table as epidurals were being administered, literally under anaesthetic, the topic of whether or not tubal ligation would be appropriate came up with pressure from the physicians to undergo it then, and to have an answer then.
In 2017, an external review by the Saskatoon regional health authority highlighted the exposure of indigenous women being coerced into tubal ligations. I believe that has now been acknowledged by the Saskatoon health authority. This has happened, so we're not talking about any doubt. There is no question that coerced or forced sterilization has occurred.
In 2017, a class action representing, at that time, some 60 indigenous women was filed against the Province of Saskatchewan, regional health authorities, individual physicians, and the federal government regarding forced sterilization. We also know that as Canada is a state signatory to the UN Convention against Torture, our record on preventing and addressing torture and other forms of ill treatment was reviewed by the UN Committee Against Torture. The most recent review took place in November in Geneva. In its final report, the committee officially recognized that the extensive forced or coerced sterilization of indigenous women in Canada is a form of torture. They also provided Canada with a number of recommendations, and in a rare occurrence, requested that Canada provide information on the implementation of the recommendations within one year, as opposed to the typical five or six years.
Within that context, I have some questions.
First, has the federal government, to your knowledge, instructed any federal prosecutors in Canada to investigate whether criminal charges ought to be pursued? Does anyone have any information on that?
4 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
That would be the Department of Justice, and I don't have that confirmation.
4 p.m.
Assistant Deputy Minister, Strategic Policy Branch, Department of Health
I haven't either.
4 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
It's interesting. I'm aware of a recent case where an Ottawa doctor was charged and sentenced to seven years for surreptitiously videotaping a patient in a change room as she was naked. That was criminal, yet we have incidents that are internationally recognized as torture and that I think we all recognize as forms of assault, and as members of these committees you are not aware of even an investigation into whether or not criminal charges ought to be considered? Do I have that right?
4 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
Again, the Saskatoon Health Region, which is under provincial jurisdiction, did the external review and would have the information around the physicians, the patients, and such. We were not directly involved in the external review process. I just want to clarify that.
4 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
Now, of course, we're hearing reports of that from women in British Columbia, in Manitoba, in Ontario, in Quebec, in Nunavut. Are you aware that there are reports of this happening to women outside Saskatchewan? Or is it your evidence before us today that it's only Saskatchewan that you're aware of?
4:05 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
We're hearing reports through the press. I understand from Senator Boyer as well that she's been approached by various women. We've not had an opportunity to meet with Senator Boyer yet. We were scheduled to do so, and her schedule shifted. We are very much looking forward to that meeting to talk to her about how we may be able to support that work around women coming forward to her.
4:05 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
Now, the class action has been filed, and the federal government is a defendant. What is the federal government's official position on the class action?
4:05 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
The department, through counsel, is reviewing it through the Department of Justice.
4:05 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
Okay. Will the federal government support the application by the counsel for the plaintiffs to have this certified as a class action?
4:05 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
If you're interested in the specific legal proceedings, it would be better to have the Department of Justice here in order to discuss that.
4:05 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
Okay. It's my understanding that a number of applications have been made by the defendants, including the federal government. One of them was to have the class action members' names sent and publicly delivered to the defendants. That application was refused by the court. I understand that the federal government supported that application on behalf of the defendants. Do you have any knowledge of that?
4:05 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
I do not, no.
4:05 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
Okay.
I guess we're calling this a working group—an FPT working group has been appointed by the federal government to oversee the development of measures. Has that FPT working group been struck yet?
4:05 p.m.
Assistant Deputy Minister, Strategic Policy Branch, Department of Health
I think, Mr. Davies, that's the group I was referring to a couple of minutes ago.
Quite a few jurisdictions have indicated their intent to participate. We're hoping to hear from others soon. So, no, the individuals have not yet been appointed, nor have we met.
4:05 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
That answers my next question of who the members are, what actions have been taken, and that sort of thing. That, obviously, has not happened yet.
What support and resources, if any, has the federal government made available at this point to the victims of sterilization?
4:05 p.m.
Senior Assistant Deputy Minister, First Nations and Inuit Health Branch, Indigenous Services Canada
Again, without having direct interaction with those individuals, with their not coming forward to us specifically, I would say that we do have a variety of programs and services available for indigenous women with respect to mental health supports—and I named some of them earlier.
4:05 p.m.
NDP
Don Davies NDP Vancouver Kingsway, BC
Okay, that's generally, but not yet.
I also understand that under our convention obligations under a number of treaties—the Convention against Torture, UNDRIP, etc.—we know that once we are apprised of and made aware of incidents of torture in our territory, we have obligations under the treaty to take measures to protect, to provide restitution, and to ensure that perpetrators are punished.
Have any of these steps been taken so far to date, to your knowledge?
