An Examination of Saskatchewan Law on the Sterilization of Persons with Mental Disabilities

In this article, the author discusses the sterilization of people with mental disabilities in Saskatchewan. He begins by examining current case law, focusing specifically on the case of Re Eve (1986) where the Supreme Court of Canada held that non-therapeutic sterilization without consent can never be in the patient's interests. The author posits that although the SCC's judgment appears to clearly prohibit sterilization in most cases, academic criticism and subsequent jurisprudence cast ambiguity on this rule. The second part of the article looks at the impact of legislation in this area, with a special focus on Saskatchewan. The author ultimately concludes that this area of law is in a state of uncertainty, requiring either further legislation or jurisprudence. [Descriptors: Reproductive Rights - Reproductive Freedom, Reproductive Rights - Right to Know, Canada]