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.