Madam Speaker, I would like to apologize from the outset. This is not a speech that will soar to oratorical heights, castigating the government for its many failures and its apparent inability to understand the needs of the country. There is a time for that, but it is not now because this is not a partisan issue. It is not a matter of left or right, but we could say it is a matter of right and wrong, or at least to ensure that a historical wrong is never repeated.
Four years ago, the Senate human rights committee issued its report on forced or coerced sterilization of persons in Canada. For many people, it was eye‑opening. Canadians are vaguely aware of the history of forced sterilization in this country. Our history at times is nothing to be proud of.
In the early part of the 20th century, a movement arose that had a flawed concept of human dignity and what it meant to be authentically human. The idea was that we should strive to create perfect people, which meant those who were considered to be imperfect should not be allowed to have children. The state would force those deemed unfit to be sterilized so they could not reproduce. This was, and is, a reprehensible view.
Sadly, it was my home province of Alberta that led the way in this sad chapter of our history. The provincial Sexual Sterilization Act was passed in 1928, and more than 2,800 women were sterilized before the act was repealed in 1972. These women were denied the privilege of having children because society felt there was something wrong with them. What is more, they had no say in the matter. Many were sterilized at a young age. They were not even aware of what was being done to them, hardly the actions of a society and a government that was supposed to protect its citizens.
While Alberta may have led the way, it was not the only province to carry out these shameful acts. What is even more reprehensible is who the state deemed to be unworthy of having children. Young people and minorities from indigenous backgrounds were targeted. Furthermore, many of those were declared to be mentally deficient. Because of that classification, their rights were denied, and they were sterilized without their consent.
Canadians understand now that these actions were wrong; the product of another time and a warped view of the humanity of some individuals. We know that such things should not be allowed to happen again, but there is nothing in our laws to ensure that.
Bill S-228 would fix that. It proposes to clarify one section of the Criminal Code to bring an end to a legacy of systemic discrimination, colonization and racism that disproportionately, but not exclusively, affects indigenous and racialized persons. It will end the sterilization of persons without their consent.
Section 268 of the Criminal Code deals with the crime of aggravated assault. I think we can all agree that sterilizing someone without their consent is indeed a form of assault.
Bill S-228 would add a subsection, 268.1, to the Criminal Code of Canada, clarifying what a sterilization procedure is and ensuring it is understood that a sterilization procedure is an act that falls under this section. It is a simple change, but an important one if we want to make sure that the mistakes of the past are not repeated. We want to make sure that there are no misunderstandings.
I should point out that, at the Senate committee, concerns were raised by witnesses and senators that the original drafting of Bill S‑228 was over-complicated and that it might have unintended consequences, especially in cases of emergency surgeries or medical procedures resulting in sterilization. That has been rectified. After consultation with the Minister of Justice and legal advisers, the bill was simplified while maintaining its core goal of making it explicitly clear in the Criminal Code that forced sterilization meets the requirements of an aggravated assault. It would be against the law and would be prosecuted.
Some hon. members might be wondering about the issue of consent. What about those situations where an individual, for medical or other reasons, desires to be sterilized? Would this still constitute an assault? After all, in the Criminal Code, consent is not a defence against a charge of aggravated assault. The case law on that is very clear. However, there is jurisprudence concerning when the patient or substitute decision-maker is unable to consent and there is demonstrable severe suffering or an imminent threat to the life or health of the patient. In that case, a doctor has the duty to do what is immediately necessary, without consent.
Additionally, section 45 of the Criminal Code of Canada protects individuals from criminal responsibility for performing a surgical operation if it “is performed with reasonable care and skill” and is reasonable based on the person's state of health and other circumstances.
If this is a situation from the past, why do we need to address it today? Why is the bill necessary? As the Senate report noted after hearing from witnesses, this is not just a historical issue. The conclusion was that involuntary sterilization continues in Canada, under-reported and underestimated, and it needs to stop. As in the past, the targets are marginalized people, including racialized women, women with disabilities, institutionalized persons and indigenous women.
Justice demands that we in the House deal with this situation. Forced sterilization is a clear human rights issue. Non-consenting sterilization is aggravated assault and should be prosecuted under the Criminal Code. It is as simple as that. Legislation, of course, is not enough. The bill cannot fix the past trauma and harms suffered by victims, but it would go a long way to preventing future violations and to providing survivors some measure of justice.
It is a cliché to say that people who do not learn from the mistakes of history are doomed to repeat them, but those words have become a cliché because there is a lot of truth in them. With Bill S-228, we in the House have an opportunity to show that we have indeed learned from our past and that we are concerned about our present and, of course, our future. We want to put an end to the practice of forced sterilization in this country once and for all. We have the opportunity to do something meaningful. I encourage hon. members to do the right thing and support the legislation.