moved that the bill be read the third time and passed.
Mr. Speaker, I rise today at third reading of Bill S-228, an act to amend the Criminal Code regarding sterilization procedures.
At this stage, we are no longer debating whether the issue deserves attention. We are deciding whether Parliament will act. Bill S-228 asks us to confront a reality that is difficult, uncomfortable and deeply troubling: Forced and coerced sterilization has occurred in Canada, it has caused profound harm and it is not confined to the past. The legislation exists because survivors came forward and asked us to act, and today we must answer that call.
I would, of course, like to thank Senator Boyer for all of her work ushering this bill through the Senate, as well as groups like the Survivors Circle for Reproductive Justice for all of their work, community justice and health equity groups and my colleagues here on all sides of the House. It has been remarkable to see the support from every single party in this House and those that are not official parties, like the NDP and the Green Party, which have supported this as well.
Beginning in the early 20th century, eugenics policies shaped public institutions and legislation. Provinces such as Alberta and British Columbia enacted sterilization laws that allowed the state to permanently prevent individuals from having children. These laws disproportionately targeted indigenous peoples, persons with disabilities and people deemed by authorities to be unfit.
Thousands of procedures were carried out, lives were permanently altered and communities were deeply affected. While those laws were repealed by the 1970s, the attitudes that enabled them did not just simply disappear. Evidence presented to Parliament through Senate committee studies, academic research and survivor testimony demonstrates that forced and coerced sterilization continued after the repeal of those laws and continues to be reported today. Many Canadians believe that this practice belongs to history, but the truth is far more difficult. Survivors continue to come forward with accounts from modern hospitals, describing experiences that echo the very same patterns of coercion, pressure, and disregard for autonomy.
We have heard clearly what these experiences look like. Women have described being approached for sterilization at moments of extreme vulnerability, during labour, immediately after childbirth, while medicated, exhausted, and in no position to provide meaningful consent. Some were presented with consent forms they did not understand. Some were told the procedure was reversible, when it was not. Some were pressured through fear: fear of losing access to care, fear of child welfare intervention or fear of being judged or dismissed. Some were never given a choice at all. These are not isolated incidents. They are part of a pattern, and they reflect a deeper problem.
At the heart of this issue is the concept of consent. In Canadian law and in medical ethics, consent must be free, informed and voluntary. It must be given by a person with capacity. It must be based on full disclosure of risks and alternatives. It must be given in circumstances where the individual has the time, the clarity and the ability to make a decision without pressure, and it must be free from coercion. When those conditions are not met, consent is not valid.
What we have heard from survivors is that these conditions were often absent. Consent obtained under duress is not consent. Consent obtained through misinformation is not consent. Consent obtained through fear or authority is not consent. It is coercion, and coercion has no place in health care.
The consequences of forced and coerced sterilization are profound. It is not a temporary harm. It is permanent. It alters the course of a person's life. Survivors speak of the grief over the children they were unable to have. They speak of trauma, of anger and of the loss of identity. They speak of a violation that they carry with them for the rest of their life.
For indigenous women, the impact extends even further. In many indigenous communities, the ability to bring children into the world is not only a personal decision; it is also deeply connected to culture, family, language and the continuity of community. When that ability is taken without consent, the harm is not only individual. It is collective, and it is intergenerational.
We must also recognize that this issue does not occur in isolation. It exists within a broader context of systemic discrimination, colonial history and structural inequities in our institutions. Witnesses before committees spoke about the power imbalance between patients and medical professionals. They spoke about language barriers, cultural barriers and geographic isolation, particularly for indigenous women travelling from remote communities to access health care. They spoke about the fear of child welfare systems and the long history of state intervention in indigenous families. They also spoke about the erosion of trust.
When individuals feel powerless within a system, when they feel they cannot question authority, when they feel they must comply in order to receive care, the conditions for coercion are created.
While indigenous women have been disproportionately affected. It is important to recognize that the issue extends way beyond one individual group. Historically, men and boys were also subjected to sterilization under eugenics policies. Today, other vulnerable populations, including persons with disabilities, racialized individuals, intersex persons and those facing systemic barriers, may also be at risk when consent is not properly obtained. At its core, this is not solely a women's issue. It is a human rights issue. It is about the fundamental right of every person and their bodily autonomy.
Parliament has studied the issue very carefully. The Standing Senate Committee on Human Rights conducted multiple studies. The Standing Committee on Indigenous and Northern Affairs has heard from survivors and experts, and it reached a clear conclusion: Forced and coerced sterilization is ongoing and is under-reported, and it requires legislative action.
The committee's first recommendation was that legislation be introduced specifically to address the issue in the Criminal Code, and Bill S-228 is that response. This bill builds on the work of Senator Yvonne Boyer, who has been a tireless advocate on the issue. Its predecessor, Bill S-250, was studied extensively, refined and passed unanimously in the Senate before it died on the Order Paper. Bill S-228 contains that same carefully developed framework. It has passed in the Senate and is here in the House of Commons. It has already received strong, all-party support and was expedited through committee consideration. That level of consensus speaks volumes.
What would the legislation do? It is focused and precise. Bill S-228 would make it explicit, for greater certainty, that performing a sterilization procedure without a person's valid consent constitutes aggravated assault under the Criminal Code. It would not create a new offence. It would clarify the application of existing law. It would ensure that sterilization without consent is recognized as conduct that causes serious and permanent harm.
The legislation is meant to offer clarity to this issue, because that is essential. While existing assault provisions may technically apply, they have never been used to prosecute forced sterilization in Canada. Survivors have told us that the absence of clear legal recognition has contributed to silence, confusion and the lack of accountability. The bill would address that gap.
It is equally important to be clear about what the bill would not do. It would not restrict voluntary sterilization. It would not interfere with reproductive choice. It would not affect gender-affirming care. It would not criminalize legitimate medical practice or emergency interventions. Existing Criminal Code protections would remain in place, including those that protect physicians acting to preserve a patient's life or health.
The consent framework would remain unchanged. Consent is not valid where it is obtained through force, threats, fraud, duress or the abuse of authority. Bill S-228 would not alter those principles. It would actually reinforce them.
There has been thoughtful discussion about whether criminal law is the appropriate tool to address this issue. It is true that legislation alone cannot solve every aspect of the problem, but ending forced and coerced sterilization would also require improvements in medical training, stronger consent practices and continued engagement with communities and survivors. However, clarity in the law matters. Criminal law sets boundaries. It signals what conduct is acceptable and provides a mechanism for accountability. Without that clarity, enforcement becomes uncertain, and without accountability, trust cannot be restored.
Trust is central to this issue. The relationship between a patient and a medical professional is built on trust. When that trust is broken, the consequences extend far beyond a single incident. People lose confidence in the health care system, they delay care and they avoid seeking help altogether, and the impacts on health outcomes are significant. Rebuilding that trust requires attention.
The legislation is also a step forward toward reconciliation. Forced and coerced sterilization must be understood within a broader context of policies that have sought to control indigenous lives, families and communities. Reconciliation requires more than acknowledgement. It requires action. It requires structural change and requires ensuring that such harms do not continue. Bill S-228 is a step in that direction.
Before I conclude, I would like to again recognize the individuals whose courage has brought us to this point. The legislation exists because survivors spoke out and shared their stories. They relived painful experiences so others would not have to, and they asked Parliament to act. We must honour that courage. At third reading, the questions before us are clear. Will we ensure that Canada's criminal law reflects the seriousness of the violation? Will we affirm that sterilization without consent is not a misunderstanding or an oversight but a grave breach of human rights? Will we act to protect future generations?
Bill S-228 would affirm a fundamental principle: No one's reproductive future can be taken from them without their free, prior and informed consent; no one's body can be permanently altered through coercion or pressure; and no one's dignity is negotiable. The evidence is clear. The need is urgent. Survivors have waited long enough, and I encourage all members of the House to support Bill S-228 at third reading. Let us act decisively, let us act responsibly and let us ensure that this injustice has no place in Canada now or ever again.