Feds reject push to amend Criminal Code to outlaw forced sterilization

Dozens of Indigenous women say they’ve been pressured into sterilization procedures they didn’t want

The Liberal government does not plan to change the Criminal Code to explicitly outlaw coerced sterilization — rejecting a resolution passed by First Nations chiefs on Thursday.

Heather Bear, the vice-chief of the Federation of Sovereign Indigenous Nations that includes 74 First Nations in Saskatchewan, said Thursday that Justice Minister Jody Wilson-Raybould — a former Assembly of First Nations regional chief herself, in British Columbia — must “do the right thing.”

“The prime minister of Canada has made all these statements on the national stage about truth and reconciliation,” Bear said in an interview. ”We know the justice system doesn’t work for us but this is one way we can put an end to this. I’m really surprised.”

Dozens of Indigenous women say they’ve been pressured into sterilization procedures they didn’t want, or had them carried out without being asked when they were seeing doctors for other reasons.

Coerced sterilization must be criminalized to ensure legal accountability, Bear said, adding the issue is connected to the issue of violence against Indigenous women — the subject of a national inquiry underway in Canada.

“Now it is about killing the ones unborn,” Bear said. “It is really a devastating issue that I hope there is more and more awareness (about) each and every day.”

Bear’s comments come after Wilson-Raybould’s office said in a statement to The Canadian Press that it’s is taking a public-health approach to the issue.

“Our government believes that everyone must receive culturally safe health services no matter where they live,” said the minister’s spokesman David Taylor. “The coerced sterilization of some Indigenous women is a serious violation of human rights and is completely unacceptable.”

But he pointed to existing provisions within the Criminal Code meant to forbid “a range of criminal behaviour” including forced sterilizations.

Alisa Lombard, a lawyer leading a proposed class action of Indigenous women who allege they endured coerced sterilizations in Saskatchewan, said Thursday that changing the Criminal Code is the most concrete thing the government can do about them.

Lombard’s firm, Maurice Law, has listed the Saskatoon Health Authority, the provincial government, the federal government and a handful of medical professionals as defendants in its statement of claim.

About 100 women have now come forward to report they have been forcibly sterilized, Lombard said — a jump of 40 women since The Canadian Press published a story on the issue in November detailing a push from Ontario Sen. Yvonne Boyer to study the issue nationally.

An existing Criminal Code provision speaks to the involuntary termination of pregnancies. Another provision on aggravated assault applies to anyone ”who wounds, maims, disfigures or endangers the life of the complainant.”

A legal void remains, Lombard said.

“We can point to the fact this has been an ongoing occurrence since the 1930s and so the absence of a preventive measure has clearly paved the way for it to continue to happen up until as recently as 2017,” she said.

Saskatchewan appears to be the “epicentre” of the practice, Lombard said, adding her firm has also heard from women from Ontario, Manitoba, Alberta and British Columbia.

“My hope is that the voices of these women will have made a difference and that the voices of these women will ensure future generations of Indigenous girls do not have to bear the same burden of having the same discussion,” Lombard said.

In late November, a rapporteur with the United Nations Committee Against Torture in Geneva said forced sterilization must be seen as equivalent to torture and asked for Canada to consider specific criminal provisions covering it, regardless of whether it’s done by a public agent or private individual.

Human-rights groups — the Native Women’s Association of Canada, Amnesty International Canada, and Action Canada for Sexual Health and Rights — are expected to respond to recommendations to be released by the committee on Friday.

Kristy Kirkup, The Canadian Press

Just Posted

Holiday recycling rules in Kelowna

Do you know how to responsibly recycle this holiday season?

Rockets lose in Lethbridge

In the second game of the road trip the Rockets lost 5-1 to the Hurricanes

West Kelowna student finalist for $100,000 scholarship

Nhi Dao, Grade 12 Mouch Boucherie Secondary student, cited for her community service

Kelowna’s vacant Greyhound station has sold

Greyhound, ceased operations as of Oct. 31.

New fieldhouse slated for Kelowna’s Rutland Recreation Park

New 9,000-square-foot, two-storey building would replace smaller, aging change rooms

Your morning news in 90: Dec. 13, 2018

Tune in for 90 seconds to get the top headlines for the Okanagan, Shuswap and Similkameen.

RCMP responding to bomb threats at South Okanagan car dealerships

First responders at the scene of after bomb threats issued

Supreme Court upholds Canada’s right to reargue facts in assisted-dying case

Julia Lamb and the B.C. Civil Liberties Association are spearheading a challenge of the law

B.C. company facing several charges in 2017 chicken abuse case

CFIA investigation leads to 38 charges against Elite Farm Services and Ontario-based Sofina Foods

Okanagan Symphony presents Yuletide Tales

Christmas concert features three classic Christmas stories

Woman forcibly confined, sexually assaulted between Creston and Cranbrook

The suspect forced the woman into her vehicle before driving along Highway 3

Activists protest at Shuswap pig abattoir

Incident at meat processing plant under investigation by Salmon Arm RCMP

Giving the gift of nature

Please don’t be mad, but I bought you a moose

‘I thought I was dead as soon as I saw the gun’

Keremeos gas station attendant tells story about man with gun coming to store

Most Read