By: Rayana Jamasi
The Sexual Sterilization Act:
“When it is proposed to discharge any inmate of a Examination mental hospital, the Medical Superintendent or other officer in charge thereof may cause such inmate to be examined hospital by or in the presence of the board of examiners. If upon such examination, the board is unanimously surgical of opinion that the patient might safely be discharged if the operation danger of procreation with its attendant risk of multiplication of the evil by transmission of the disability to progeny were eliminated, the board may direct in writing such surgical operation for sexual sterilization of the inmate as may be specified in the written direction and shall appoint some competent surgeon to perform the operation.”
In 1928, the Legislative Assembly of Alberta passed the Sexual Sterilization Act for the purpose of improving their population by controlling the reproductive systems of women throughout the province. The province established a Eugenics Board that determined whether inmates of mental hospitals were fit for procreation and if not, they would be forcibly sterilized so as to prevent the risk of transmitting their “disability” to any offspring.
Eugenics refers to the system of beliefs surrounding customized procreation. Moreover, individuals who were deemed “inferior” whether it be because of mental illness, their race, or other characteristics, were forcibly sterilized as it was believed that they would pass these traits on. Over two thousand women were forcibly sterilized in Alberta, meaning they underwent a medical operation where their fallopian tubes were blocked or cut so they wouldn’t be able to get pregnant. In many cases, this was done without their knowledge or consent. Eugenic policies were widespread and very popular in the 20th century. They were heavily endorsed by notable physicians, politicians, and activists throughout the nation, such as Tommy Douglas and the Famous Five.
This Act, active from 1928 to 1972, sanctioned the involuntary sterilization of individuals deemed unfit for procreation, disproportionately targeting marginalized communities, particularly Indigenous communities. Indigenous women were coerced into undergoing sterilization procedures, violating the principles of informed consent as well as their right to freedom.
Unfortunately, while the Sexual Sterilization Act of 1928 was repealed in 1972, Indigenous women continue to fight legal battles over coerced sterilization. In October 2017, a class-action lawsuit was filed in Saskatchewan after several Indigenous women contacted lawyer Alisa Lombard in hopes of seeking justice. On February 22nd, 2023, another claim was filed to a Supreme Court in British Columbia by two women that was seeking reparations for “‘sexism, discrimination and cultural genocide’ due to the provincial government’s nearly half-a-century policy of coercing Indigenous women into sterilizations.”
As more and more Indigenous women come forward with their accounts of forced sexual sterilization, we as legal advocates have a responsibility to uplift and support those who have been wronged and mistreated by our justice system. Moving forward, we must actively engage in supporting Indigenous communities, particularly Indigenous women, who continue to face systemic challenges. This could involve supporting organizations working on Indigenous rights by volunteering, advocating for policy changes that prioritize Indigenous voices by contacting our local MP offices, and fostering greater understanding and empathy within our own communities. By taking concrete steps to address the historical injustices and ongoing inequalities faced by Indigenous peoples, we can contribute to building a more equitable and inclusive justice system.
References
de Bruin, T., & Robertson, G. (2019). Eugenics in Canada. The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/eugenics
Leason, J. (2021). Forced and coerced sterilization of Indigenous women: Strengths to build upon. NCBI. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8279667/
Legislative Assembly of Alberta. (1928). SA 1928, c 37 | The Sexual Sterilization Act. CanLII. https://www.canlii.org/en/ab/laws/astat/sa-1928-c-37/latest/sa-1928-c-37.html
Paradis, D. (2023, February 27). Sterilization lawsuit in B.C. Plaintiff says Canadians need to know. APTN News. https://www.aptnnews.ca/featured/sterilization-lawsuit-b-c/
Standing Senate Committee. (2019, April 3). Standing Senate Committee on Human Rights (42nd Parliament, 1st Session). Retrieved February 12, 2024, from https://sencanada.ca/en/Content/Sen/Committee/421/RIDR/54643-e
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