Lesson 3: Intellectual Disability

A Shameful Past

Developmentally delayed, mentally handicapped, intellectually impaired - no matter what people called individuals with an intellectual disability in the early 1900s, the Government of Alberta did not want them to have children. Many reasons were given to justify the sterilization of people with an intellectual disability (mental retardation), but all discounted the rights of individuals to govern their own bodies. Please review chart 7.1 detailing Alberta’s history as it pertains to the sterilization of developmentally delayed persons.

Chart 7.1: Alberta's Sterilization History

Date	Action
1928	Alberta establishes the Eugenics Board and introduces its Sexual Sterilization Act. Over 2,800 individuals are sterilized over the next 44 years.
1972	The Sexual Sterilization Act is repealed.
1978	The Dependent Adults Act is introduced, which allows the government to appoint a guardian for adults who are unable to make decisions about their own lives. Guardians can choose to have individuals under their care submit to birth control, abortion, or sterilization if it is in the best interest of the individual.
1986	The Supreme Court of Canada rules that no one (not a guardian, parent, or court of law) can authorize the sterilization of a mentally retarded individual for purposes of birth control or menstrual management.
1989	The Alberta Law Reform Institute drafts a proposed Competence and Human Reproduction Act that would allow limited access to sterilization depending on individual circumstances. The government of Alberta does not adopt it.
1995	Leilani Muir, a woman of normal intelligence, sues the Alberta government over her wrongful sterilization under the previous Sexual Sterilization Act. The government offers her $60,000, but she rejects the settlement.
1996	Leilani Muir wins a $740,000 judgment. The court rules the province misapplied the law in her case. More sterilization lawsuits are filed against the province.

In the past, the main reason for sterilization was to “improve” the human race (eugenics). Now the arguments for sterilization include protecting women from extreme menstrual pain, having unwanted pregnancies and distress. Women with intellectual disability are 10 times more likely to be sexually assaulted. If they do have children, the children are often removed and placed in foster care. Some reasons for sterilization might be valid. Problems arise, however, if individuals are unable to give informed consent (their disability may be too severe), and guardians cannot give consent on their behalf. In these cases individuals may continue to suffer. In short, the issues surrounding sterilization are very complex, and the debate continues.