CAUTION:The information on this webpage may be triggering. When you read it, please make sure people close to you are present for support. If you need emotional supports, you may be eligible for the non-insured health benefits program. If you’re experiencing emotional distress and want to talk, we strongly encourage you to call the First Nations and Inuit Hope for Wellness Line at 1-855-242-3310. It’s toll free and open 24 hours a day, 7 days a week. If you or someone you know is in immediate danger, please call 9-1-1 or the emergency number in your community.

Forced Sterilization Class Action

This class action concerns Aboriginal women (First Nation, Inuit, and Métis) who were sterilized without their proper and/or informed consent in the Province of Saskatchewan.

HISTORY – WHY WAS AN ACTION COMMENCED?

In 2015, media reports surfaced indicating that many Aboriginal women were coerced into having tubal ligations in Saskatchewan. In July of 2017, in response to the allegations of forced sterilization, the then Saskatoon Health Region (now the Saskatchewan Health Authority) released a Review titled - External Review: Tubal Ligation in the Saskatoon Health Region: The Lived Experience of Aboriginal Women. The Report highlighted “pervasive systemic racism” in the health care system and detailed the experiences of Aboriginal women from Saskatoon and surrounding areas, who had reported being coerced into having tubal ligations.

The representative class action plaintiffs, M.R.L.P and S.A.T, are being represented by Maurice Law Barristers & Solicitors. Maurice Law has commenced a proposed class action against all health regions across the Province of Saskatchewan, the Federal Government, the Saskatchewan Government, as well as individual medical professionals. The further Amended Statement of Claim alleges that the Defendants:

  • breached common law duties owed to the plaintiffs, the torts of battery of a sexual nature, trespass against the person of a sexual nature, false imprisonment, negligence and negligent misrepresentation;
  • breach of contract and breach of fiduciary obligations owed to the Aboriginal women plaintiffs; and
  • breach of the plaintiff’s Charter rights, including violations of the right to the freedom of conscience, belief and religion, violation of the right to life, liberty and security of the person, the right not to be subjected to cruel and unusual treatment; and violation of the right to access health care services free from discrimination based on race and gender. 

CLICK HERE TO REVIEW THE FURTHER AMENDED STATEMENT OF CLAIM

CLICK HERE TO REVIEW THE NOTICE OF APPLICATION FOR CERTIFICATION

CLICK HERE FOR A COPY OF, “External Review: Tubal Ligation in the Saskatoon Health Region: The Lived Experience of Aboriginal Women”

WHAT HAPPENS NEXT:

The first step in a proposed class action is Certification, which asks the Court to consider whether the action can proceed as a class action, and defines the class as well as the common issues to be determined on behalf of the class.

HOW CAN I PARTICIPATE?

If the Court certifies the action, all persons who fit within the class definition will automatically be included in the class. However, class members will be given the opportunity to exclude themselves from the proceeding if they choose.

WHAT ARE THE COSTS TO THE CLASS IF THE ACTION IS SUCCESSFUL?

Counsel have entered into an agreement with the representative plaintiffs with respect to legal fees and disbursements. The agreement provides that Counsel will not receive payment for their work unless and until the class action is successful. The amount of the fee would require court approval.

REGISTRATION

It is not necessary to “register” in order to participate in a proposed class action. However, we are keeping a database of potential class members so that if the action is certified or if there are any other material developments that require notice, you can receive direct notification. If you would like to be added to our database of known potential claimants, please complete the registration form below.

I provide my consent and agree herein to receive communication from Maurice Law Barristers & Solicitors, which may include announcement regarding this class action, or other information which may be of interest. I understand that consent to receive these electronic communications may be withdrawn at any time by contacting Maurice Law Barristers & Solicitors.
SUBMIT
  

Please note that registration with Maurice Law Barristers & Solicitors does not mean that you are a part of the class action; that determination is made by the Court in the certification process. If the action is certified, you will have an opportunity to decide whether or not to participate. Registration makes sure that you receive direct notice of certification and of the opportunity to exercise your right to opt out or to continue to participate in the action.

UPDATES

January 18, 2018: Justice G.M. Currie of the Saskatchewan Court of Queen’s Bench is designated by Chief Justice Popescul to consider the certification application under section 4(2) of The Class Actions Act, SS 2001, c C-12.01

SPEAKING TO A LAWYER

If you wish to speak to a lawyer involved in this class action, please call us. The lawyers will answer your questions regarding this proposed class action at no cost to you. Requests for information or questions for Class Counsel should be directed by email or telephone to:

CLASS COUNSEL

Alisa R. Lombard, Associate
Tel: 306-986-1557 Ext. 305
Email: alombard@mauricelaw.com
    Jamesy Patrick, Associate
    Tel: 306-986-1557 Ext. 302
    Email: jpatrick@mauricelaw.com
contact us
Get In Touch
SUBMIT