Sexual Sterilization Act of Alberta - Enactment 1928

Enactment 1928

The Sexual Sterilization Act was first introduced into legislature on March 5, 1927, but due to a crowded session and unclear bill format it was pulled from the schedule. On February 23, 1928, the Hon. George Hoadley, Minister of Health, reintroduced the bill with comment regarding the growing burden of taxpayers in caring for immigrants and mentally disabled persons.

Much controversy surrounded the bill and eventually, in March 1928, the People’s League to Act was formed. The League, with membership numbers of several hundred, retained counsel and contested the constitutionality of the Sexual Sterilization Act. Despite their efforts, the Act was assented to on March 21, 1928.

For the purposes of the Act, the Alberta Eugenics Board was formed. The Board was to be composed of four members:

• Two medical practitioners nominated by the senate of the University of Alberta and the Council of the College of Physicians

• Two persons other than medical practitioners, appointed by the Lieutenant Governor in Council.

Under the terms of the Act, mental hospital inmates could only be discharged with the approval of the medical superintendent, and it was within the superintendent’s power to force examination by the Eugenics Board. If in unanimous agreement, the Board was empowered to appoint a physician and direct sterilization. Such operations were not to be performed unless consent was obtained from the inmate, if competent, or consent from a spouse, parent, guardian or Minister of Health if considered incompetent.

Further, the Act provided that no surgeon performing an operation could be held liable to any civil action by reason of the operation.