Mr. Speaker, I rise today in strong support of Bill S-228, following its careful study by the Standing Committee on Indigenous and Northern Affairs.
At the outset, I want to recognize the important work of the committee. Members heard from 19 witnesses, including advocacy groups, indigenous leaders and legal experts. Their testimony was powerful, grounded in lived experience and essential in ensuring that this legislation reflects the realities of those most affected and the seriousness of the harm we are addressing. Their work has reinforced the urgency of the bill's adoption.
Bill S-228 addresses a reality that is both deeply troubling and unfortunately ongoing: the forced and coerced sterilization of indigenous and racialized women, girls and 2SLGBTQI persons in Canada. Survivors have come forward with accounts of being subjected to sterilization procedures without their free and informed consent, sometimes through coercion, sometimes through misinformation, and often at moments of profound vulnerability, including during childbirth or institutional care.
These are not isolated incidents. They reflect a broader legacy of systemic discrimination rooted in colonialism, racism and deeply gendered assumptions about who is deemed fit to have children.
While some may be tempted to view this as a historical injustice, confined to another era, the evidence heard at committee makes it clear that this harm has not been relegated to the past. It persists. That is why this bill matters.
At its core, Bill S-228 is a clarifying measure, but it is no less significant for that reason. It makes explicit what is already implicit in our criminal law: that sterilization procedures carried out without valid consent constitute aggravated assault. Aggravated assault is the most serious form of assault under the Criminal Code. It applies when a person is wounded, maimed or disfigured, or when their life is endangered. Because sterilization procedures inherently involve the alteration of the human body in a permanent and profound way, they fall squarely within this framework when performed without consent.
This bill would remove any ambiguity. It would send a clear and unequivocal message: Non-consensual sterilization is not merely inappropriate; it is not merely unethical; it is criminal, and it is among the most serious forms of violence recognized by our law.
This bill would not create a new offence. It would not alter the law of consent, and it would not interfere with legitimate medical practice. That distinction is critical. Canada's legal framework already requires that consent be free, informed and given by a person with the capacity to understand the nature and consequence of the medical procedure. Consent obtained through coercion, manipulation or abuse of authority is not valid consent.
Bill S-228 would simply clarify how these well-established principles apply in the context of sterilization procedures. It would preserve the right of individuals to make their own reproductive choices, including the choice to undergo sterilization. What it protects is the integrity of that choice.
The committee's study also underscored an important reality: Despite existing legal protections, no criminal charges have been laid in Canada in cases involving alleged coerced sterilization. That fact alone raises serious concerns about clarity, accountability and, perhaps more importantly, trust. For many survivors, particularly indigenous women, the absence of legal consequences has contributed to a profound erosion of trust in institutions, such as the health care system, law enforcement and the justice system itself.
Bill S-228 is not a complete solution to that broader challenge, but it is an important step. It would provide clarity to police, prosecutors and courts. It would reinforce the seriousness of the offence, and it would signal to survivors that Parliament has heard them.
We must recognize that the harm caused by non-consensual sterilization extends far beyond the physical. It is a violation of bodily autonomy. It is an infringement on reproductive rights, and for indigenous communities, it carries deep cultural and intergenerational consequences.
The ability to have children is not only a personal matter. It is tied to identity, family and the continuity of community. To deprive someone of that ability without their consent is to inflict harm that reverberates across generations. That is why this bill is also consistent with Canada's broader commitments, including the United Nations Declaration on the Rights of Indigenous Peoples and the national action plan to end gender-based violence.
Bill S-228 reflects a commitment to address systemic discrimination and to take concrete steps to prevent this harm from occurring in the future.
I want to highlight the collaborative nature of this legislation. This bill was introduced in the Senate. I also want to highlight the important work done by members of this place. I am thankful for the opportunity to speak to this bill.
