Several Hundred Legal Actions initiated against Alberta

June 12, 1995. Following Leilani Muir’s successful court case against the Government of Alberta in 1996, where she was awarded $750 000 in damages for wrongful confinement and sterilization, 703 people came forward and filed for similar damages, most of whom were represented by Field Atkinson Perraton on behalf of the Limited Trustee.

On 10 March, 1998, in an attempt to circumvent the courts, the Government of Alberta introduced Bill 26 into the Legislature. Bill 26 limited sterilization claims against the province to $150,000 each and protect the government from challenges under the Canadian Charter of Rights and Freedoms through invocation of the “notwithstanding clause” right-to-sue.

Within 24 hours, Bill 26 was withdrawn due to extensive criticism on the part of media and advocacy groups. However, the Government kept the $150,000 cap, establishing a $100 million overall cap for claims. Claims against the Government following Muir’s case included wrongful sterilization, wrongful confinement, inappropriate medication, physical and sexual abuse, and unjustified medical research.

-Sheila Gibbons

  • Woodard, J. (1998). When sorry isn’t enough: everyone sympathizes with Alberta’s involuntary eunuchs, but … how do we price the sins of the past? Alberta Report, 30, 10-13.

Several Hundred Legal Actions initiated against Alberta

June 12, 1995. Following Leilani Muir’s successful court case against the Government of Alberta in 1996, where she was awarded $750 000 in damages for wrongful confinement and sterilization, 703 people came forward and filed for similar damages, most of whom were represented by Field Atkinson Perraton on behalf of the Limited Trustee.

On 10 March, 1998, in an attempt to circumvent the courts, the Government of Alberta introduced Bill 26 into the Legislature. Bill 26 limited sterilization claims against the province to $150,000 each and protect the government from challenges under the Canadian Charter of Rights and Freedoms through invocation of the “notwithstanding clause” right-to-sue.

Within 24 hours, Bill 26 was withdrawn due to extensive criticism on the part of media and advocacy groups. However, the Government kept the $150,000 cap, establishing a $100 million overall cap for claims. Claims against the Government following Muir’s case included wrongful sterilization, wrongful confinement, inappropriate medication, physical and sexual abuse, and unjustified medical research.

-Sheila Gibbons

  • Woodard, J. (1998). When sorry isn’t enough: everyone sympathizes with Alberta’s involuntary eunuchs, but … how do we price the sins of the past? Alberta Report, 30, 10-13.