Amending the Criminal Code to Include Forced Sterilization

tansi ninôtemik,

We have previously discussed the history of Indigenous women undergoing forced sterilization as well as the ongoing forced and coerced sterilization of Indigenous women. Canada has recognized the current problem of forced sterilization through Bill S-250, which would amend the Criminal Code to include forced sterilization as a crime. [1] Bill S-250 was passed by the Senate on October 8, 2024. [2] The Bill’s progress towards becoming legislation, however, has been delayed due to the prorogation of parliament. [3]

The preamble of Bill S-250 recognizes that forced sterilization has been a legacy of systemic colonization and racism, disproportionately impacting Indigenous and racialized women. [4] Section 268.1 would be added to the Criminal Code. [5] The Section defines forced sterilization and defines the steps of informed consent for sterilization procedures. [6] Significantly, the Bill also criminalizes coercing someone into a sterilization procedure. [7] The Criminal Code provisions would set out the offense as indictable and resulting in not more than 14 years imprisonment. [8] 

Senator Yvonne Boyer has stated that she intends to reintroduce the bill at the earliest opportunity when parliament resumes. [9] She explains that many were shocked to discover that there is evidence of forced and coerced sterilization as recent as 2018, with many cases likely remaining unreported. [10] Her office recorded 12,000 cases of forced and coerced sterilization. [11]

Why does forced and coerced sterilization need its own Criminal Code provision? The provision explicitly defines the steps needed for informed consent as well as the crime of coercing someone into this procedure, which could deter doctors from committing this offense. A specialized Criminal Code provision may be a first step in creating tailored rules for this offense, such as longer limitation periods to help victims secure remedies. Do you think a criminal code provision on forced and coerced sterilization will help enforcement against this crime?

Until next time,

The ReconciliACTION Team

Citations

[1] Bill S-250, An Act to Amend the Criminal Code (sterilization procedures), 1st Sess, 44th Parl, 2024, (third reading 8 October 2024).

[2] Ibid.

[3] Jorge Antunes, “Senator plans to revive bill to outlaw forced sterilization” (Mar 17, 2025) Nunatsiaq News, <nunatsiaq.com> [perma.cc/9Y5P-3ZBA] [Antunes]. 

[4] Bill S-250, An Act to Amend the Criminal Code (sterilization procedures), 1st Sess, 44th Parl, 2022 (first reading 14 June 2022).

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Antunes, supra note 3.

[10] Ibid.

[11] Ibid.