Forced Sterilization and Abortion Class Action

Davis and Roy v HMTK (Province of British Columbia)

Current status

The Notice of Civil Claim initiating this proposed class action, was filed in the Supreme Court of British Columbia on February 22, 2023.

Read the press release: BC Forced Sterlizations.

What is this claim about?

Murphy Battista LLP and Cooper Regal LLP have filed a proposed class action against His Majesty the King in the Right of the Province of British Columbia (the “Province”) for wilfully and knowingly failing to address the practice of coerced sterilization and abortion of Indigenous women in British Columbia that occurred between August 1, 1974 and the present.

The Claim alleges that the Province was complicit in creating an atmosphere of institutional and systemic racism in provincially-funded and regulated hospitals throughout British Columbia where coerced sterilization and abortion was implicitly and explicitly condoned, encouraged, authorized and performed by the Province and/or its agents, servants or employees.

As a result of the Province’s acts and omissions, the Claim alleges that Indigenous women were subjected to coerced sterilization and/or coerced abortion in British Columbia and have suffered physical, emotional, spiritual, mental and psychological harm. The practice of coerced sterilization and abortion has deprived Indigenous women of fundamental choices guaranteed to all Canadians with respect to reproductive capacity.

The Claim alleges that the practice of coerced sterilization and abortion has had a traumatic and destructive effect on the health, family relationships and culture of Indigenous women and Indigenous communities in British Columbia. Further, the practice was, and remains a form of sexism and genocide – a practice directed at eradicating Indigenous people and their cultures.

The plaintiffs bring the Claim on their own behalf, and on behalf of class members, to seek justice and compensation for the harms suffered as a result of the Province’s breach of Indigenous women’s trust, dignity, bodily autonomy, and reproductive and cultural rights.

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Forced Sterilization and Abortion Class Action

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Forced Sterilization and Abortion Class Action Form

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