The House of Commons Standing Committee on Indigenous and Northern Affairs met to study Bill S-228, an act to amend the Criminal Code on sterilization procedures. Witnesses included Dr. Lisa Richardson, Professor Karen Stote, Liliane Brassard, Mauril Gaudreault, Dr. Modupe Tunde-Byass, Amanda Therrien, and Department of Justice officials Morna Boyle and Nathalie Levman.
Dr. Lisa Richardson, an Anishinabe physician, supported the bill, emphasizing that forced and coerced sterilization of indigenous women, girls, and two-spirit individuals is well-documented. She called for culturally safe care, indigenous patient navigators, more indigenous health professionals, and mandatory education for physicians on consent and bias, recommending that hospitals track racism as a quality indicator.
Professor Karen Stote, who has researched coerced sterilization for two decades, supported the bill but argued that criminalization alone is insufficient without addressing colonialism and systemic racism. She linked the practice to eugenics, family planning policies, and corporate interests in indigenous lands, urging the committee to pass the bill and then work with indigenous peoples to end violence against their bodies and lands.
Liliane Brassard, representing the Association of Obstetricians and Gynecologists of Quebec, fully condemned forced sterilization but opposed the bill's current form, arguing it is already a crime under existing law. She warned that the bill could deter physicians from performing emergency procedures like treating ectopic pregnancies, stigmatize patients seeking consensual sterilization, and divert attention from the real problem of inadequate prosecution and victim supports.
Mauril Gaudreault, president of the Collège des médecins du Québec, expressed full support for the bill's intent, noting the college's working group with indigenous experts and implementation of measures like mandatory cultural safety training. He recommended that consent be in writing except in emergencies and that the bill clarify that physicians performing emergency sterilization without consent are not criminally liable if acting for the patient's welfare.
Dr. Modupe Tunde-Byass, representing the Federation of Medical Women of Canada, condemned forced sterilization but raised concerns about unintended consequences, including criminalization deterring women physicians from obstetrics-gynecology and causing hesitation in emergencies. She advocated for universal education, a national consent process, and collaboration with indigenous physicians and regulators, rather than criminalization, to address systemic racism.
Amanda Therrien, from the National Association of Women and the Law, supported the bill's intent but proposed amendments to avoid chilling access to gender-affirming care and consensual sterilization. She recommended removing the broad definition of sterilization procedure, adding a safeguard for contraception and gender-affirming care, and making the provision gender-inclusive by referring to a "person" rather than female anatomy.
Morna Boyle and Nathalie Levman, from the Department of Justice, explained that Bill S-228 is a "for greater certainty" clause that clarifies existing law without creating a new offence or changing consent rules. They stressed that consensual sterilization remains legal, emergency protections under section 45 of the Criminal Code are unaffected, and accidents are not criminal, so no amendments are needed.
The committee discussed scheduling, with members requesting a meeting on Kashechewan on April 14 and aiming to complete clause-by-clause study of Bill S-228 by April 16, though a potential UN mission starting April 20 could affect timelines for Bill S-2.
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