Around 30 Atikamekw women have filed a collective lawsuit against the Centre intégré de santé et de services sociaux de Lanaudière and three physicians, alleging forced or non-consensual sterilizations. The legal action pertains to patients who reportedly underwent the procedure from 1980 to the present and is spearheaded by two Atikamekw women.
The Atikamekw community, comprising about 8,379 individuals as per Quebec government data, primarily resides in Manawan, within the northern part of Lanaudière, as well as in Wemotaci and Obedjiwan in the Haute-Mauricie region. These women claim they were subjected to sterilization without their full and informed consent while receiving care at health facilities in the Lanaudière region, including the Centre hospitalier de Lanaudière, commonly known as the Joliette hospital.
According to attorney Léa Lemay Langlois of Dionne Schulz law firm representing the women, one of the plaintiffs alleges that a tubal ligation, a surgical procedure preventing pregnancy, was performed without her knowledge during a C-section. Another woman, as per Lemay Langlois, asserts that one of the doctors pressured her into sterilization under discriminatory circumstances. Both women reportedly did not sign a consent form for the procedure.
Initially proposed in November 2021 on behalf of Atikamekw First Nation women who claim they did not consent to fertility-affecting procedures, the class action was approved nearly two years later by a Quebec Superior Court judge in August 2023, focusing on the three doctors, one of whom passed away in 2019. However, in February of the current year, the Court of Appeal made a decision allowing the class action to proceed, encompassing not only the three physicians but also the CISSS de Lanaudière overseeing the Joliette hospital.
Dionne Schulze law firm’s statement highlighted that while the Superior Court had initially rejected a link between alleged systemic racism at the Joliette hospital and forced sterilizations, the Court of Appeal acknowledged the Aikamekw women’s argument regarding the direct responsibility of the CISSS and its staff.
Since the class action was authorized eight months ago, more women have stepped forward with similar experiences. Some claim they were misled into believing the procedure was necessary for their health or future pregnancies, with assurances of reversibility. Quebec Native Women President Marjolaine Étienne noted that a 2022 report identified at least 22 cases of forced sterilization of Indigenous women in Quebec from 1980 to 2019, attributing this practice to systemic racism.
The ongoing legal process has sparked a conversation around the rights of women to make informed choices about their reproductive health, with advocates pushing for equitable and discrimination-free healthcare. The CISSS de Lanaudière declined to comment on the matter due to the legal proceedings, emphasizing that the allegations are yet to be proven in court. The women involved seek unspecified compensation for the alleged suffering inflicted upon them and their families.
