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Canadian police won't investigate doctor for sterilizing Indigenous woman (abcnews.go.com)

submitted 1 year ago by MicroWave@lemmy.world to c/world@lemmy.world

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The Canadian government says it is urgently trying to end the forced sterilization of Indigenous women, describing the practice as a human rights violation and a prosecutable offense. Yet police say they will not pursue a criminal investigation into a recent case in which a doctor apologized for his “unprofessional conduct” in sterilizing an Inuit woman.

In July, The Associated Press reported on the case of an Inuit woman in Yellowknife who had surgery in 2019 aimed at relieving her abdominal pain. The obstetrician-gynecologist, Dr. Andrew Kotaska, did not have the woman’s consent to sterilize her, and he did so over the objections of other medical personnel in the operating room. She is now suing him.

“This is a pivotal case for Canada because it shows that forced sterilization is still happening,” said Dr. Unjali Malhotra, of the First Nations Health Authority in British Columbia. “It’s time that it be treated as a crime.”

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[–] MicroWave@lemmy.world 48 points 1 year ago

Right. From the article:

Lisa Kelly, who teaches criminal law at Queen’s University in Ontario, said there is no requirement in Canada’s legal system for a victim to participate, if there is other compelling evidence.

“In this case, there is another doctor and nurse, and possibly others, who could provide credible and reliable evidence beyond a reasonable doubt that the patient had not consented to the sterilization,” Kelly said.

While police and prosecutors have discretion, Kelly said, they "do not have the discretion to simply turn a blind eye to what appears to be evidence of a serious aggravated assault.”