Sexual Sterilization Act of Alberta
Encyclopedia
In 1928, the Legislative Assembly
of Alberta
, Canada
, enacted the Sexual Sterilization Act. The Act, drafted to protect the gene pool, allowed for sterilization of mentally disabled persons in order to prevent the transmission of undesirable traits to offspring.
At that time, eugenicists argued that mental illness
, mental retardation
, epilepsy
, alcoholism
, pauperism
, certain criminal behaviours, and social defects, such as prostitution
and sexual perversion, were genetically determined and inherited. Further, it was widely believed that persons with these disorders had a higher reproduction rate than the normal population. As a result, it was feared the gene pool in the general population was weakening.
During the time the Alberta Sexual Sterilization Act was in effect, 4,725 cases were proposed for sterilization in the Province of Alberta, of which over 2,800 received approval. Examination of sterilization records demonstrates that legislation did not apply equally to all members of society. Specifically, the Act was disproportionately applied to those in socially vulnerable positions, including: females, children, unemployed persons, domestics, rural citizens, unmarried, institutionalized persons, Roman and Greek Catholics, persons of Ukrainian
, Native
and Métis
ethnicity.
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:
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.
, believed sterilization would effect a much needed saving in dollars.
The Act was amended as follows:
In addition, the exemption from civil action was extended to include any individual taking part in the surgical operations as well as persons in charge of mental institutions who had caused an inmate to be examined by the Eugenics Board.
Persons with neurosyphillis, epilepsies with psychosis, mental deterioration, and Huntington's disease
could, with consent of the patient, be sterilized. An exception to consent was made for patients presenting with Huntington’s chorea who were also psychotic.
, the Act was reviewed. Mr. Lougheed's party intended to introduce a provincial Bill of Rights
and a review of existing legislation was directed in an effort to identify potentially conflicting legislation. Mr. Lougheed attacked the Act on legal and moral grounds and the Progressive Conservative party adopted repeal of the Act as part of their platform.
In 1972 David King, MLA Edmonton Highlands, was successful in introducing a Bill to repeal the Sexual Sterilization Act.
at the University of Toronto
and specialist on mental diseases, conducted a survey of the province. His goal was to formulate a treatment and training plan for the mentally deficient that would best serve society. The survey involved a review of facilities for the mentally abnormal.
The results were published in the 1921 report entitled Mental Hygiene Survey of the Province of Alberta. The report notes that those who suffer from mental defect or mental disorder are rightly regarded as social liability and recommends careful screening of immigrants and the use of sexual sterilization to control the abnormal population.
Dr. Hincks’s committee describes a causal link between mental abnormality and immorality (illegitimacy, criminality, prostitution, dependency). The suggestion that bad behaviour and sexual immorality were directly related to mental deficiency gave rise to concern by the public and politicians that these individuals posed a threat to society.
In addition, the committee assumed that mental abnormality could be detected early in life with various test instruments. In the course of their examination, they also reviewed student behaviour at the elementary level by administering intelligence quotient
tests to children who had been described by their teachers as “troublesome, mischief makers or general disturbers.” According to the committee, the tests revealed that such troublesome children were more prone to possess low I.Q. Further, the children were interviewed and a conclusion was reached that these same troublesome children also possessed less sound moral values. It wasn’t until much later that the I.Q. tests would be recognized as culturally biased.
, an agricultural lobbying group, responded quickly to the survey and called on the government to draft legislation for life segregation or sterilization of the feebleminded. The weight of the survey’s results, combined with growing fear that new immigrants were inferior, had generated fears over the protection of land and jobs.
In 1923, under growing pressure from the United Farmers of Alberta, Minister of Health, Hon. R.G. Reid, proposed sterilization of mental defectives as a preferable alternative to aggregation in institutions, but concluded that public support would need to be developed.
The United Farm Women of Alberta, a group affiliated with the United Farmers of Alberta, answered Reid by launching a campaign for public support in 1924. The group’s president, Ms. Margaret Gunn, stated that “democracy was never intended for degenerates.” In addition, group member, Ms. J.W. Field, would go on to serve as Secretary on the Alberta Eugenics Board. This group would also recommend compulsory medical examination before marriage for all Albertans.
, the first female magistrate
for the British Empire
. Ms. Murphy was a prolific and influential writer who organized meetings and addressed many women’s groups in support of negative eugenics. In addition, J. S. Woodsworth
, preacher and Superintendent of All People’s Mission in Winnipeg
conducted and published studies on immigration and social response. Woodsworth’s reports concerning the quality of immigrants aided in creating a public crisis. Together, these individuals published numerous articles in popular magazines and spoke at public meetings in support of sterilization.
There are also ties to the University of Alberta. Dr. John M. MacEachran
, founder of the Department of Philosophy and Psychology, was also long time chairman of the Eugenics Board, and R.C. Wallace, President in 1934, was an outspoken supporter of eugenic sterilization.
The highest form of provincial government would show support - Premier John Edward Brownlee
stated that “the argument of freedom or right of the individual can no longer hold good where the welfare of the state and of society is concerned.”
Many other factors influenced public opinion including the creation in 1930 of the Eugenics Society of Canada, acceptance of sterilization laws in many of the United States
, and numerous newspapers, magazines and books touting sterilization as a remedy for rapidly increasing social problems.
sued Her Majesty the Queen in Right of Alberta for stigmatization as a moron, wrongful confinement, and sterilization.
At the age of 10, Ms. Muir, an unwanted and abused child, was admitted to the Provincial Training School for Mental Defectives (PTS) in Red Deer
, Alberta. She was confined to the facility until 1965, when she left against medical direction. Years later, during struggles with infertility, failed marriages and depression, Ms. Muir would learn that she had been sterilized during an appendectomy while detained at the PTS. Further, IQ testing would reveal that Ms. Muir did not suffer from mental deficiency.
The Hon. Madame Justice J.B. Veit, presiding over the Court of Queen’s Bench in Edmonton, ruled in favour of the plaintiff and awarded Ms. Muir $740,780 CAD and an additional sum of $230,000 CAD for legal costs.
This precedent setting case opened the doors for other individuals seeking reparation for suffering under the Alberta Sexual Sterilization Act.
Legislative Assembly of Alberta
The Legislative Assembly of Alberta is one of two components of the Legislature of Alberta, the other being the Queen, represented by the Lieutenant-Governor of Alberta. The Alberta legislature meets in the Alberta Legislature Building in the provincial capital, Edmonton...
of Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, enacted the Sexual Sterilization Act. The Act, drafted to protect the gene pool, allowed for sterilization of mentally disabled persons in order to prevent the transmission of undesirable traits to offspring.
At that time, eugenicists argued that mental illness
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
, mental retardation
Mental retardation
Mental retardation is a generalized disorder appearing before adulthood, characterized by significantly impaired cognitive functioning and deficits in two or more adaptive behaviors...
, epilepsy
Epilepsy
Epilepsy is a common chronic neurological disorder characterized by seizures. These seizures are transient signs and/or symptoms of abnormal, excessive or hypersynchronous neuronal activity in the brain.About 50 million people worldwide have epilepsy, and nearly two out of every three new cases...
, alcoholism
Alcoholism
Alcoholism is a broad term for problems with alcohol, and is generally used to mean compulsive and uncontrolled consumption of alcoholic beverages, usually to the detriment of the drinker's health, personal relationships, and social standing...
, pauperism
Pauperism
Pauperism is a term meaning poverty or generally the state of being poor, but in English usage particularly the condition of being a "pauper", i.e. in receipt of relief administered under the poor law...
, certain criminal behaviours, and social defects, such as prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
and sexual perversion, were genetically determined and inherited. Further, it was widely believed that persons with these disorders had a higher reproduction rate than the normal population. As a result, it was feared the gene pool in the general population was weakening.
During the time the Alberta Sexual Sterilization Act was in effect, 4,725 cases were proposed for sterilization in the Province of Alberta, of which over 2,800 received approval. Examination of sterilization records demonstrates that legislation did not apply equally to all members of society. Specifically, the Act was disproportionately applied to those in socially vulnerable positions, including: females, children, unemployed persons, domestics, rural citizens, unmarried, institutionalized persons, Roman and Greek Catholics, persons of Ukrainian
Ukrainians
Ukrainians are an East Slavic ethnic group native to Ukraine, which is the sixth-largest nation in Europe. The Constitution of Ukraine applies the term 'Ukrainians' to all its citizens...
, Native
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
and Métis
Métis people (Canada)
The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...
ethnicity.
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
Alberta Eugenics Board
In 1928, the Province of Alberta, Canada, passed legislation that enabled the government to perform involuntary sterilizations on individuals classified as mentally deficient. In order to implement the Sexual Sterilization Act of Alberta in 1928, a four-person Alberta Eugenics Board was created. ...
was formed. The Board was to be composed of four members:
- Two medical practitioners nominated by the senate of the University of AlbertaUniversity of AlbertaThe University of Alberta is a public research university located in Edmonton, Alberta, Canada. Founded in 1908 by Alexander Cameron Rutherford, the first premier of Alberta and Henry Marshall Tory, its first president, it is widely recognized as one of the best universities in Canada...
and the Council of the College of Physicians
- Two persons other than medical practitioners, appointed by the Lieutenant GovernorLieutenant governorA lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
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.
Amendment 1937
In 1937, an amendment to the Act was proposed by Dr. W.W. Cross, Social Credit Minister of Health, as the Act was considered too restrictive. It was accepted that sterilization was permitted for the benefit of the human race, not the individual, and as such consent was no longer deemed a requirement. At that time, Albertans, seriously affected by the Great DepressionGreat Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
, believed sterilization would effect a much needed saving in dollars.
The Act was amended as follows:
- A distinction was made between psychotic persons and mentally defective persons.
- The criterion for sterilization in both categories was no longer solely genetic. The risk of mental injury to the patient or progeny was now included as grounds for sterilization.
- Consent of the person to be sterilized, or of the spouse, parent, guardian or the Minister continued to be needed only in the case of psychotic persons.
In addition, the exemption from civil action was extended to include any individual taking part in the surgical operations as well as persons in charge of mental institutions who had caused an inmate to be examined by the Eugenics Board.
Amendment 1942
The Act underwent another amendment in 1942, this time to specifically broaden the category of mental patients who could be directed to undergo sterilization. Despite knowledge of Nazi eugenic atrocities, the Alberta Eugenics Board intended to increase the pace of sterilization.Persons with neurosyphillis, epilepsies with psychosis, mental deterioration, and Huntington's disease
Huntington's disease
Huntington's disease, chorea, or disorder , is a neurodegenerative genetic disorder that affects muscle coordination and leads to cognitive decline and dementia. It typically becomes noticeable in middle age. HD is the most common genetic cause of abnormal involuntary writhing movements called chorea...
could, with consent of the patient, be sterilized. An exception to consent was made for patients presenting with Huntington’s chorea who were also psychotic.
Repeal 1972
It was not until 1969, under the direction of Peter Lougheed, Progressive Conservative and Leader of the OppositionOpposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
, the Act was reviewed. Mr. Lougheed's party intended to introduce a provincial Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
and a review of existing legislation was directed in an effort to identify potentially conflicting legislation. Mr. Lougheed attacked the Act on legal and moral grounds and the Progressive Conservative party adopted repeal of the Act as part of their platform.
In 1972 David King, MLA Edmonton Highlands, was successful in introducing a Bill to repeal the Sexual Sterilization Act.
Canadian National Committee for Mental Health
In 1918, psychiatrists C.K. Clarke and C. Hincks established the Canadian National Committee for Mental Hygiene (CNCMH). The CNCMH was a self-appointed body of experts available for consultation regarding mental health issues. The Committee claimed that institutionalization of mental degenerates was both expensive and ineffective and promoted the use of preventative measures. The group was active in working for the testing of students and construction of training schools for mental defectives. In addition, they advocated tougher inspection and restriction of immigrants.Mental health survey
Perhaps the most influential resource for rationalizing sterilization in the Province of Alberta came in the form of a mental health survey. In 1919, Dr. Hincks, professor of PsychiatryPsychiatry
Psychiatry is the medical specialty devoted to the study and treatment of mental disorders. These mental disorders include various affective, behavioural, cognitive and perceptual abnormalities...
at the University of Toronto
University of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
and specialist on mental diseases, conducted a survey of the province. His goal was to formulate a treatment and training plan for the mentally deficient that would best serve society. The survey involved a review of facilities for the mentally abnormal.
The results were published in the 1921 report entitled Mental Hygiene Survey of the Province of Alberta. The report notes that those who suffer from mental defect or mental disorder are rightly regarded as social liability and recommends careful screening of immigrants and the use of sexual sterilization to control the abnormal population.
Dr. Hincks’s committee describes a causal link between mental abnormality and immorality (illegitimacy, criminality, prostitution, dependency). The suggestion that bad behaviour and sexual immorality were directly related to mental deficiency gave rise to concern by the public and politicians that these individuals posed a threat to society.
In addition, the committee assumed that mental abnormality could be detected early in life with various test instruments. In the course of their examination, they also reviewed student behaviour at the elementary level by administering intelligence quotient
Intelligence quotient
An intelligence quotient, or IQ, is a score derived from one of several different standardized tests designed to assess intelligence. When modern IQ tests are constructed, the mean score within an age group is set to 100 and the standard deviation to 15...
tests to children who had been described by their teachers as “troublesome, mischief makers or general disturbers.” According to the committee, the tests revealed that such troublesome children were more prone to possess low I.Q. Further, the children were interviewed and a conclusion was reached that these same troublesome children also possessed less sound moral values. It wasn’t until much later that the I.Q. tests would be recognized as culturally biased.
United Farmers of Alberta
The United Farmers of AlbertaUnited Farmers of Alberta
The United Farmers of Alberta is an association of Alberta farmers that has served many different roles throughout its history as a lobby group, a political party, and as a farm-supply retail chain. Since 1934 it has primarily been an agricultural supply cooperative headquartered in Calgary...
, an agricultural lobbying group, responded quickly to the survey and called on the government to draft legislation for life segregation or sterilization of the feebleminded. The weight of the survey’s results, combined with growing fear that new immigrants were inferior, had generated fears over the protection of land and jobs.
In 1923, under growing pressure from the United Farmers of Alberta, Minister of Health, Hon. R.G. Reid, proposed sterilization of mental defectives as a preferable alternative to aggregation in institutions, but concluded that public support would need to be developed.
The United Farm Women of Alberta, a group affiliated with the United Farmers of Alberta, answered Reid by launching a campaign for public support in 1924. The group’s president, Ms. Margaret Gunn, stated that “democracy was never intended for degenerates.” In addition, group member, Ms. J.W. Field, would go on to serve as Secretary on the Alberta Eugenics Board. This group would also recommend compulsory medical examination before marriage for all Albertans.
Other influences
In Western Canada, many influential citizens and interest groups campaigned for segregation and sterilization of the feebleminded. Perhaps most notable was Emily MurphyEmily Murphy
Emily Murphy was a Canadian women's rights activist, jurist, and author. In 1916, she became the first woman magistrate in Canada, and in the British Empire...
, the first female magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
for the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. Ms. Murphy was a prolific and influential writer who organized meetings and addressed many women’s groups in support of negative eugenics. In addition, J. S. Woodsworth
J. S. Woodsworth
James Shaver Woodsworth was a pioneer in the Canadian social democratic movement. Following more than two decades ministering to the poor and the working class, J. S...
, preacher and Superintendent of All People’s Mission in Winnipeg
Winnipeg
Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name...
conducted and published studies on immigration and social response. Woodsworth’s reports concerning the quality of immigrants aided in creating a public crisis. Together, these individuals published numerous articles in popular magazines and spoke at public meetings in support of sterilization.
There are also ties to the University of Alberta. Dr. John M. MacEachran
John M. MacEachran
John Malcolm MacEachran was a Canadian philosopher and psychologist, whose most notable credentials involved the development of the Psychology and Philosophy Department at the University of Alberta...
, founder of the Department of Philosophy and Psychology, was also long time chairman of the Eugenics Board, and R.C. Wallace, President in 1934, was an outspoken supporter of eugenic sterilization.
The highest form of provincial government would show support - Premier John Edward Brownlee
John Edward Brownlee
John Edward Brownlee was the fifth Premier of Alberta, Canada, serving from 1925 until 1934. Born in Port Ryerse, Ontario, he studied history and political science at the University of Toronto's Victoria College before moving west to Calgary to become a lawyer...
stated that “the argument of freedom or right of the individual can no longer hold good where the welfare of the state and of society is concerned.”
Many other factors influenced public opinion including the creation in 1930 of the Eugenics Society of Canada, acceptance of sterilization laws in many of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and numerous newspapers, magazines and books touting sterilization as a remedy for rapidly increasing social problems.
Sexual sterilization on trial
In 1995, Ms. Leilani MuirLeilani Muir
Leilani Marietta Muir was the first person to file a successful law suit against the province of Alberta, Canada for wrongful sterilization under the Sexual Sterilization Act of Alberta...
sued Her Majesty the Queen in Right of Alberta for stigmatization as a moron, wrongful confinement, and sterilization.
At the age of 10, Ms. Muir, an unwanted and abused child, was admitted to the Provincial Training School for Mental Defectives (PTS) in Red Deer
Red Deer, Alberta
Red Deer is a city in Central Alberta, Canada. It is located near the midpoint of the Calgary-Edmonton Corridor and is surrounded by Red Deer County. It is Alberta's third-most-populous city – after Calgary and Edmonton. The city is located in aspen parkland, a region of rolling hills...
, Alberta. She was confined to the facility until 1965, when she left against medical direction. Years later, during struggles with infertility, failed marriages and depression, Ms. Muir would learn that she had been sterilized during an appendectomy while detained at the PTS. Further, IQ testing would reveal that Ms. Muir did not suffer from mental deficiency.
The Hon. Madame Justice J.B. Veit, presiding over the Court of Queen’s Bench in Edmonton, ruled in favour of the plaintiff and awarded Ms. Muir $740,780 CAD and an additional sum of $230,000 CAD for legal costs.
This precedent setting case opened the doors for other individuals seeking reparation for suffering under the Alberta Sexual Sterilization Act.
External links
- The Sexual Sterilization Act. Our Future, Our Past: The Alberta Heritage Digitization Project. Retrieved July 11, 2011.
Resources
- Christian, Timothy J. The Mentally Ill and Human Rights in Alberta: A Study of the Alberta Sexual Sterilization Act. University of Alberta, Faculty of Law, 1973.
- Dowbiggin, Ian Robert. Keeping America Sane: Psychiatry and Eugenics in the United States and Canada 1880-1940. Cornell University Press, 1997.
- Grekul, Jana Marie. The Social Construction of the Feebleminded Threat: Implementation of the Sexual Sterilization Act in Alberta 1929 – 1972. University of Alberta, Ph.D. Thesis, 2002.
- Grekul, Jana Marie. "A Well-Oiled Mahcine: Alberta's Eugenics Program, 1928-1972", in Alberta History, vol. 59, no. 3. Summer 2011. pp. 16-23.
- Institute of Law Research and Reform. Competence and Human Reproduction, Report No. 52. Edmonton, Alberta, February 1989.
- Institute of Law Research and Reform. Sterilization Decisions: Minors and Mentally Incompetent Adults, Report for Discussion No. 6. Edmonton, Alberta, March 1988.
- National Film Board of Canada. The Sterilization of Leilani Muir. Video recording, 1996.
- McLaren, Angus. Our Own Master Race: Eugenics in Canada, 1885-1945. John Deyell Company, 1990.
- Wahlsten, Douglas. Genetica 99. Netherlands: Kluwer Academic Publishers, 1997.