Question Period Note: FORCED AND COERCED STERILIZATION

The issue of forced and coerced sterilization of Indigenous women in Canada has received significant national and international media attention since Fall 2015.

There are currently six litigation cases alleging the sterilization, without proper or informed consent, of Indigenous women between 1948 and the present. The Government of Canada is a defendant in four of these actions, with Health Canada specifically named in two.

On December 7, 2018, the United Nations Office of the High Commissioner on Human Rights’ Committee Against Torture officially recognized that sterilizing Indigenous women without consent is a form of torture, and called on Canada to “ensure that all allegations of forced or coerced sterilization are impartially investigated, that the persons responsible are held accountable and that adequate redress is provided to the victims.” Canada has accepted the recommendations of the Committee and the Public Health Agency of Canada is coordinating the response, on behalf of Canada and the provinces and territories, for December 2019.

During the last Parliament, the House of Commons Standing Committee on Health and the Standing Senate Committee on Human Rights convened panels of experts who spoke on the forced sterilization of women in Canada. On August 2, 2019, prior to the dissolution of Parliament, the Chair of the House of Commons Standing Committee on Health wrote a letter to the Ministers of Health, Indigenous Services and Public Safety outlining the committee’s recommendations to address the issue of forced or coerced sterilization of Indigenous women.

• What is the Government doing to address this issue?

• The sterilization of women without their proper consent is inconsistent with basic human rights. It is unacceptable that this could happen to women in Canada.

• Our Government will continue to work with Indigenous partners, provinces and territories, and health system organizations to address forced and coerced sterilization as part of a broader effort to eliminate discriminatory practices, improve cultural safety, ensure informed consent, and remove the barriers Indigenous women face when accessing health services.

IF PRESSED ON THE SYSTEMIC BARRIERS FACED BY INDIGENOUS WOMEN IN ACCESSING HEALTH CARE SERVICES

• Our Government recognizes that Indigenous patients face systemic barriers in accessing services, including discrimination and racism.

• Our Government remains committed to working with provincial and territorial governments, medical associations, and Indigenous partners to ensure safety and respect for Indigenous women in Canada’s health care system.

In the Fall of 2015, media reports surfaced regarding allegations by several Indigenous women in Saskatoon that they had been coerced into undergoing a sterilization procedure immediately post-delivery. Media reports and calls for action by Indigenous organizations and others continue.

The Government of Canada takes this issue seriously and is undertaking a range of actions to respond to it, in collaboration with provinces and territories, Indigenous partners as well as, health system and law enforcement partners.

In order to prevent further instances of forced or coerced sterilization, it is essential to ensure that women have access to health services that are free from bias and discrimination. In December 2018, the Minister of Health and the Minister of Indigenous Services wrote to the provinces and territories to express their concern and signal interest in collaboration between FPT governments and Indigenous partners, with a focus on improving cultural safety in the health care system. Health Canada, in collaboration with Indigenous Services Canada, is working with a range of partners to identify opportunities to improve cultural safety and the awareness and application of informed consent practices.

There are currently six litigation cases alleging the sterilization, without proper or informed consent, of Indigenous women in Canada between 1948 and the present. Canada is a defendant in four of the actions, three of which are proposed class actions potentially including over 100 Indigenous women. While Justice is the lead department responding to the litigation, Health Canada is potentially implicated.

In Spring 2019, the Senate and the House of Commons took steps to study this issue and convened panels of experts to speak to and make recommendations regarding forced sterilization and the systemic challenges faced by Indigenous women in accessing culturally safe health care. While the House of Commons Standing Committee on Health did not issue a formal report prior to the dissolution of Parliament, the Committee Chair did write to the Ministers of Health, Public Safety and Indigenous Services with a number of recommendations, which have been reviewed by Departments.

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