Thank you.
Good morning, Mr. Chair and members of the committee. Thank you for the invitation to appear here today.
I'd like to begin by acknowledging that we are gathered on the unceded and unsurrendered territory of the Algonquin Anishinabe nation, whose relationship with these lands, waterways and forests has existed since time immemorial.
Today we are taking action on an issue that has disproportionately harmed indigenous women and girls. That reflects a broader history of colonial policies that have controlled indigenous bodies, making this work essential to meaningful reconciliation.
I'd like to take a moment to thank members of Parliament for the strong support this legislation has already received in the House of Commons. Bill S-228 passed unanimously at second reading, with members from all parties speaking in favour. It was expedited for committee consideration. I and the survivors want to sincerely thank you for this collaboration and leadership.
I'm here today as the sponsor of Bill S-228, an act to amend the Criminal Code respecting sterilization procedures. The purpose of this bill is simple: It makes it explicit in the Criminal Code that performing a sterilization procedure without a person's valid consent constitutes aggravated assault. For years, survivors of forced and coerced sterilization have come forward and shared their experiences. Many describe being pressured into sterilization while they were in labour, medicated, exhausted or facing pressure from authority figures within systems they felt powerless to challenge.
This legislation exists because survivors have asked Parliament to act. For survivors, their families and their communities, this is not a medical policy debate. It is a permanent and life-altering violation of bodily autonomy, dignity and human rights. This practice has disproportionately affected indigenous women, as well as people with disabilities, racialized people and others who were treated as though their reproductive choices did not matter.
Many Canadians believe forced sterilization ended decades ago with the repeal of eugenics legislation in the 1970s. Unfortunately, the evidence tells us otherwise. Survivors continue to come forward with cases from modern hospitals, including incidents reported as recently as 2025.
Parliament has studied this issue extensively. The Senate human rights committee completed two studies and heard directly from survivors and experts. The committee's first recommendation was that Canada amend the Criminal Code to specifically prohibit forced and coerced sterilization. Bill S-228 is the legislative response to this.
Members may recall that the predecessor to this bill, Bill S-250, which was carefully refined after extensive study and consultation with the Department of Justice, was passed unanimously in the Senate in the previous Parliament, before dying on the Order Paper when the election was called. Bill S-228 is exactly the same text as Bill S-250, and it was adopted unanimously by the Senate again in October 2025.
Bill S-228 adds a greater certainty clause clarifying that a sterilization procedure carried out without consent constitutes wounding or maiming for the purposes of aggravated assault. This bill does not create a new consent framework. Existing Criminal Code rules continue to apply, including the principle that consent is not valid if obtained through force, threats, fraud, duress or the abuse of authority. It also does not criminalize emergency medical care. Physicians acting to preserve a patient's life or health remain protected under section 45 of the Criminal Code. It does not interfere with voluntary sterilization or gender-affirming care. The bill applies only where a person is intentionally sterilized without their free and informed consent.
The bill ties forced or coerced sterilization to aggravated assault, so the existing consent framework in subsection 265(3) applies. Consent is not valid if obtained through threat, fraud, duress or abuse of authority. Bill S-228 doesn't alter those rules. It simply ensures that they apply to sterilization without consent.
There has been a thoughtful discussion about whether criminal law is the right tool to address this issue. It's important to recognize that legislation alone will not resolve every aspect of the problem. Ending forced and coerced sterilization also requires stronger consent practices, education in medical training, and continued collaboration with survivors, indigenous organizations, doctors and health systems across the country. However, clarity in the Criminal Code does matter. Although existing assault provisions theoretically apply, they have never been used to prosecute forced sterilization in Canada.
Survivors have told Parliament clearly that the absence of an explicit prohibition has contributed to silence and impunity. This bill provides clarity and reinforces that sterilizing someone without consent is not a misunderstanding or a lapse in professional judgment. It is a serious violation of human rights.
Members of the committee, survivors have come before Parliament courageously and repeatedly to ask for this protection. By advancing Bill S-228, this committee has the opportunity to ensure that Canada's criminal law clearly protects the fundamental right of every person to decide whether and when to have children. Survivors have waited long enough.
Thank you. Meegwetch.
