Hon. Patti LaBoucane-Benson: Honourable senators, on behalf of the government, I rise today to speak to Bill S-250, An Act to amend the Criminal Code (sterilization procedures). I am so honoured to support Senator Boyer’s important work, as well as bring the message that the government welcomes the tabling of this important legislation and supports the bill in principle at second reading.

As this chamber well knows, Senator Boyer has been working tirelessly to raise awareness on the horrific practice of forced and coerced sterilization. On several occasions, she has informed the chamber of this violation of human rights and serious breach of medical ethics in our country’s history — but she has also explained how this despicable practice continues today. Thanks to her advocacy, Senator Boyer was instrumental in having the Standing Senate Committee on Human Rights examine forced and coerced sterilization more closely. This culminated in the report entitled The Scars that We Carry: Forced and Coerced Sterilization of Persons in Canada — Part II, which was tabled last summer.

As is too often the case, the committee found that it is the most vulnerable who have been most affected by forced and coerced sterilization. In the past, government policies explicitly sought to control and reduce the birth rate of First Nations, Métis and Inuit communities, as well as Black communities — and low-income Canadians, racialized Canadians and Canadians with disabilities have also been targeted. Though these explicit policies no longer exist, racist and discriminatory attitudes continue to lurk in some medical settings today, and it is the same vulnerable communities that continue to be the targets of these reprehensible practices. This is why Senator Boyer’s bill is so important. It shines light on yet another dark corner where racism and discrimination linger in this country.

Colleagues, Bill S-250 responds to Canada’s long history of colonization and the colonial policies that have disproportionately affected the health and well-being of Indigenous people and racialized Canadians. Preventing contraception and the capacity for reproduction is an assault on the very core of a person’s humanity, their well-being and their future, as well as the future of their communities.

By making specific mention of sterilization without consent in the Criminal Code, this bill would make this practice explicitly and specifically illegal under Canadian law. It would help protect some of the most vulnerable Canadians from doctors who not only hold discriminatory attitudes and breach professional ethics, but who also commit a violent criminal offence. No matter our race, ethnicity or socio-economic class, or whether we have a disability, every patient in this country must receive equal, professional and conscientious care. Every Canadian deserves this — period.

Bill S-250 would make the Criminal Code crystal clear that a patient’s prior informed consent is the foundation of any medical sterilization process.

Under this bill, a doctor must not only receive the patient’s consent, but also make clear that consent can be withdrawn at any time, including immediately before the procedure. The doctor must also be satisfied that the patient is not being pressured or coerced, and inform the patient about alternative methods of contraception.

Colleagues, it is important for us to take a moment and imagine a discussion on sterilization between a doctor and a patient. There can be a considerable power discrepancy in the relationship and, therefore, a risk that this power may be abused. It is for this reason that Bill S-250 puts in place safeguards. Consent is deemed not to have been granted if the patient is under 18 years old; the patient has not voluntarily initiated the request for the procedure; or they are incapable of consenting for any other reason. In other words, a medical practitioner must ensure that the patient — who is making such a life-altering, consequential decision — is ready, willing and fully informed.

Of course, with the assistance of their medical practitioner, a person may choose to undergo a sterilization procedure. For some people, this might be the right decision. Bill S-250 is a way of protecting people from being manipulated or simply forced to submit to sterilization by unscrupulous medical practitioners. It will not punish health care providers who are living up to their deontological code.

On March 3 of this year, the government provided a response to the Human Rights Committee’s study on forced and coerced sterilization. In it, Minister Duclos stated that the government recognizes the harms caused by coerced sterilization, and the pressing need to end this practice across Canada. According to the minister, the government is working with provincial and territorial partners to ensure that health services can be accessed without systemic bias and discrimination. Though health care is primarily the responsibility of the provinces and territories, the federal government is playing a role in ensuring that health services are provided in a culturally safe way — while combatting racism and discrimination in the medical sector. There is much work to be done, colleagues, but this bill is an important step in the right direction.

I understand that the Minister of Justice has met with Senator Boyer, the bill’s sponsor, and has committed to working with her and her team on possible modifications in order to move the bill forward while still reflecting its important intent. I look forward to seeing it progress, and hope it will be sent to committee as soon as possible.

Once again, I extend my profound gratitude to Senator Boyer for her perseverance. This initiative has my personal support, and I’m glad that the government supports it as well. Forced and coerced sterilization is a horrific practice that has scarred too many women, families and communities for too long. Bill S-250 will help make it stop. Thank you. Hiy hiy.