Evidence of meeting #153 for Health in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was medical.
A recording is available from Parliament.
Lawyer, Semaganis Worme Lombard, As an Individual
No, it's happening in British Columbia, Alberta, NWT, Iqaluit, Ontario, Manitoba, Nova Scotia and Quebec. I think that's it, but I'm only missing New Brunswick.
Don Davies NDP Vancouver Kingsway, BC
Okay.
We've heard about this most disturbing situation of it happening as recently as December 2018. Do we have a sense that this could be happening today in Canada?
Lawyer, Semaganis Worme Lombard, As an Individual
I think December 2018 is pretty much today.
NDP
Don Davies NDP Vancouver Kingsway, BC
What position has the federal government taken with respect to the putative class action? Are they agreeing to the certification? Are they opposing it? What's their position?
Lawyer, Semaganis Worme Lombard, As an Individual
At this point, there is none.
NDP
Don Davies NDP Vancouver Kingsway, BC
Have they given any indication as to whether they're going to contest the lawsuit you filed?
NDP
Don Davies NDP Vancouver Kingsway, BC
Do you have any limitation period problems? For instance, are any of your clients barred from bringing this forward in a civil way because of a limitation period? Could we change something in that regard?
Lawyer, Semaganis Worme Lombard, As an Individual
My clients take the position, and we do allege this, that this constitutes battery of a sexual nature. On that type of allegation or that type of cause of action, there would be no limitation. The sexual nature of the battery displaces the limitation period. Otherwise, on a civil suit there would normally be a limitation of two years or discoverability.
NDP
Don Davies NDP Vancouver Kingsway, BC
I have a last quick question.
We've just had the murdered and missing indigenous women inquiry report. The most popular word in Ottawa is reconciliation. What does reconciliation look like in the context of this issue?
President, Native Women's Association of Canada
I think reconciliation is first acknowledging that this is still happening and taking steps to stop it. It is making sure that we investigate what's going on.
In part, in talking beforehand we just found out that there's an FPT meeting discussing this and none of the national indigenous women's organizations are invited to that. We have concerns about that.
Thank you.
President, Women of the Métis Nation / Les Femmes Michif Otipemisiwak
I actually support what Francyne just said.
If you want to have these conversations, they need to include us. Reconciliation is about having us all at the table because part of reconciliation is our healing. We can't heal by somebody's actions that happen in some ivory tower somewhere else. It has to engage all of us.
Liberal
The Chair Liberal Bill Casey
Thank you very much.
I have a question or two.
I know there's not one typical circumstance, but when this happens, does the doctor make the decision or is it a committee generally? How is the decision made to do this to someone?
Lawyer, Semaganis Worme Lombard, As an Individual
That's a good question. The decision is probably the woman's, with respect to an exercise of her bodily autonomy, but what's happening in the vast majority of cases is that the woman is approached when she is incapacitated by the throes of labour.
Liberal
The Chair Liberal Bill Casey
Who makes the decision to approach her? Is it the doctor or is it a committee?
Lawyer, Semaganis Worme Lombard, As an Individual
It's health professionals. No, it's not a committee. There would be no time for a committee to convene over that kind of issue.
One example that I can recall was of a woman who was actually open on the table having a Caesarean section when the doctor raised the issue.
Liberal
The Chair Liberal Bill Casey
You've talked about D.D.S. and the clipboard right at the time of a Caesarean section. That didn't come from a decision in a room with a bunch of professionals.
Liberal
The Chair Liberal Bill Casey
That's amazing.
Well, I just have to say to all of you that you really left us a strong message. I think you're very generous.
Mr. Ouellette.