This consultative document sets out the evolution of the present law, its apparent parameters, the social and medical background to sterilization decisions and tentatively recommends a new statutory regime that would better reflect the present day and foreseeable needs of Canadian citizens. This report recommends that the decision regarding sterilization be made by a judge of the Court of Queen’s Bench. Before making the order for sterilization the judge would be required to satisfy himself that performing the sterilization would be in the best interests of the person. The legislation would divide sterilization into three categories: for necessary medical treatment; elective sterilization; and hysterectomy for menstrual management. The report outlines satisfactory reasons for elective sterilization, factors to be considered before making an order, the procedure for application of the order, protections for the named person, and general costs. Draft legislation is included.
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