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A class action lawsuit has been filed by two women against numerous governmental and health care defendants in Manitoba, Canada over allegations that they are responsible for the forced sterilization of Aboriginal women in the province.
The first plaintiff, named as “Mrs. I,” claims that she was sterilized in December 1985, when she was 25-years-old. She says this was done without her informed consent after she gave birth to her youngest son via cesarean section.
Mrs. I states that the health professionals at the hospital obtained her permission while she was unable to make a proper decision about the medical procedure.
In addition, they gave a false account of the procedure and the fact that it was not reversible, she claims. Also, she states that they did not educate her about the side effects of the sterilization.
Mrs. I says she has “experienced extensive psychological, physical and emotional injuries resulting from the sterilization.”
The class action lawsuit also notes the experience of plaintiff “Ms. P” who is part of the Sakimay First Nation in Saskatchewan and has been residing in Manitoba for 10 years.
Mrs. P claims that in June 2018, she was sterilized without her informed consent at the age of 25 after she gave birth to her second child via cesarean section.
The Canada class action states that the hospital obtained Mrs. P’s consent when she was unable to make an informed decision about the procedure. In addition, she claims that the doctors “misrepresented her circumstances and the urgency of the situation and Ms. P felt coerced and unable to decline the procedure.”
Mrs. P, like Mrs. I, has had significant psychological, physical, and emotional injuries because of the sterilization, she claims in the class action lawsuit.
The plaintiffs in this class action state that Canada has a “fiduciary obligation” to the Aboriginal people, and should be acting in the interests of them. In addition, the women argue that the country should not tolerate, “by omission,” the effects of “racist health policies” towards Aboriginal women.
The class action claims that Canada is aware of the disproportionate health care policies that have been affecting aboriginal women since the 1930s. In fact, the country has allegedly acknowledged its familiarity of the sterilization of Aboriginal women.
“Canada fails to protect Aboriginal women in their most vulnerable states from institutional racism in the health care system, including its practices and policies,” the class action lawsuit claims.
In addition, the plaintiffs state that the province of Manitoba has been aware of the sterilization of Aboriginal women since the 1930s when it legislated the forced sterilization of the “mentally defective.”
“Manitoba failed and continues to fail to protect Aboriginal women in their most vulnerable states from institutional racism in the health care system, including its practices and policies,” the class action lawsuit claims.
Prospective Class Members include: “[A]ll Aboriginal women (status and non-status Indian, Inuit and Metis) who were sterilized without their proper and/or informed consent under policies, practices, acts and omissions that target and adversely affect Aboriginal women and their reproductive choices in the province of Manitoba.”
What do you think of the alleged treatment of Aboriginal women? Please leave a message in the comments section below.
The plaintiffs are represented by Alisa R. Lombard and Helen Semaganis of Semaganis Worme Lombard.
The Canada Forced Sterilization of Aboriginal Women Class Action Lawsuit is P.D.I, et al. v. The Attorney General of Canada, et al., Case No. 19-01-21597, in the Queen’s Bench Winnipeg Centre, Canada.
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8 thoughts onCanada Class Action Alleges Forced Aboriginal Sterilization
I’m not gonna go into a long story but I was sterilized back when I was 17..I did not have an adult signature to authorize this and I also was a crown award of the courts.(in CAS)..who do I contact about this ..it was like 1989 -1990
I too was forced to sterilize after I had my youngest in 08. I was still under the influence of the hospitals gas at the time. The MCFD & RCMP came kicking in he labour’ delivery doors. My placenta was still coming out when the MCFD & RCMP public servant’s were all standing there staring at my vagina and laughing about it & all the while both my legs still in the delivery stirrups. My baby was born standing up. Babes feet touched the ground. Therefore he does not fall under admiralty laws nor maritime law. Babes feet touched the ground. So babes birth certificate bond is null and void. This all happened in Williams Lake B.C.
I had a BIRTH ⚠️ALERT on my file. The head nurse showed me before my family doctor arrived. I qas shocked and told the nurse…”How do you all sleep at night doing this to us Indigeous lifegivers.”? She said it’s common practice to sterilize Indigenous women. I couldn’t look at her after that.
On July27, 2018 i had a c-section when it was time to have my son. I was given a tubal ligation without knowing. It wasn’t until after I was in my room the day after that they came to me to sign a paper saying everything was ok. I didn’t understand what they did until another doctor came in and explained that I could never have anymore children and what they had done to me. I now suffer from extreme mood swings. I can go from a high to a low in a matter of seconds. they took a big part of me and I live with it daily. They did not have my permission!
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I’m not aboriginal woman but forced sterilization was done to me whit out my knowledge or consent when I was 29 tears old, I was a very new immigrant so I did not speak english at all, I was call to get to the hospital so I did and walk out with my tube tied with out any explanation or information at all. I wish I can find a lawyer to help me.