A proposed bill to criminalize forced or coerced sterilizations as aggravated assault, carrying up to 14 years in prison, raises concerns about unintended impacts on women’s health, according to leaders in reproductive medicine.
Medical Experts Highlight Potential Risks
Leaders from the Society of Obstetricians and Gynaecologists of Canada (SOGC) emphasize strong opposition to coerced procedures while cautioning that the current bill could deter doctors from essential care. “We want it to be very clear that the SOGC strongly condemns coerced or forced sterilization,” stated SOGC President Dr. Lynn Murphy-Kaulbeck and CEO Dr. Diane Francoeur. “No woman should ever receive permanent contraception without her free and informed consent.”
Coerced sterilizations persist as a current issue, particularly affecting Indigenous women. Over 12,000 cases occurred between 1950 and 2018, with reports as recent as 2025, according to the Survivors Circle for Reproductive Justice. The group pushes for Bill S-228, now advancing through Parliament.
However, physicians worry the law might cause hesitation in emergencies, such as severe postpartum hemorrhages. “If there is even a perception these interventions could later be treated as potential criminal offences, hesitation becomes a real risk,” Murphy-Kaulbeck and Francoeur noted. The bill could also discourage voluntary tubal ligations, creating a “chilling effect” on reproductive options.
“In effect, a law intended to protect women could inadvertently contribute to a more restrictive and risk-averse environment in the delivery of reproductive care,” they added. SOGC leaders urge Parliament to revise the bill and strengthen enforcement of existing prohibitions instead.
Historical Context and Legislative Push
Sterilization policies began in the 1920s across Canada, with formal laws in Alberta and British Columbia until 1970. Conservative MP Jamie Schmale, sponsoring the bill in the House of Commons, told parliamentarians that repealing those laws did not eliminate the underlying issues. “Survivors continue to report being pressured, misled, threatened and sterilized without full and informed consent,” Schmale said, often during vulnerable moments like labor or postpartum recovery.
Senator Yvonne Boyer, the bill’s Senate sponsor, clarified at a news conference that current assault laws have never prosecuted forced sterilizations, allowing impunity. The bill eliminates legal ambiguities, affirming that non-consensual sterilization constitutes aggravated assault. The National Inquiry into Murdered and Missing Indigenous Women and Girls documented such abuses, alongside cases involving people with intellectual disabilities. The Canadian Medical Association backs the legislation.
Reassurances from Advocates
The Survivors Circle maintains the bill targets only unlawful acts, sparing lawful, necessary, or consensual care. “There would be no need for the bill if forced and coerced sterilization wasn’t still happening,” said executive director Harmony Redsky. Existing Criminal Code protections shield emergency interventions resulting in sterilization.
“Physicians can be assured that when they are saving lives, they will not be held criminally accountable,” Redsky added.
