The upper house of the Canadian parliament passed Bill S-228 on Monday to amend the Criminal Code (the Code) to explicitly criminalize forced and coerced sterilization.
Specifically, the bill amends § 268(1) of the Code and prohibits the performance of a sterilization procedure without a patient’s voluntary consent as an act that wounds or maims a person under a newly inserted § 268.1 of the Code. Violators of this law will be subject to the maximum penalty of 14 years in prison under the existing Code § 268(2).
Section 268.1(2) further defines sterilization procedure as: “severing, clipping, tying or cauterizing, in whole or in part, of the Fallopian tubes, ovaries or uterus of a person or any other procedure performed on a person that results in the permanent prevention of reproduction, regardless of whether the procedure is reversible through a subsequent surgical procedure.”
The measure was originally introduced as Bill S-250 but that bill died on the order paper due to a federal government transition. Following the formation of the new government, Senator Yvonne Boyer reintroduced the legislation as S-228 to ensure its passage.
The amendment is being introduced to address Canada’s dark legacy of forced sterilization–a practice rooted in systemic discrimination, colonization, and racism that has disproportionately impacted Indigenous and racialized populations. According to a report by the Standing Senate Committee on Human Rights, Canada has a long history of utilizing coerced sterilization to interrupt the reproductive rights of marginalized communities. Until the 1970s, provinces including Alberta and British Columbia enforced eugenics laws that required the sterilization of individuals deemed “mentally defective.” Inuit, First Nations, and Métis people were disproportionately targeted, often being required to undergo sterilization as a strict condition for release from mental health institutions.
The Survivors Circle for Reproductive Justice stated that the legislation is a crucial step forward. The organization noted that the bill delivers long-overdue justice for survivors, addresses ongoing systemic issues, and protects future generations while increasing access to safe, consensual medical care. Furthermore, the bill provides necessary legal clarity for medical professionals regarding the strict requirements for informed consent and the fundamental right to bodily autonomy.
Having successfully cleared its final reading in the Senate on Monday, the bill is currently awaiting royal assent.
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