Since the publication on November 24 of the report ConsentFree and Informed Mentoring and Forced Sterilization of First Nations and Inuit Women in Quebec, the social, political and media repercussions were numerous. We are aware and aware of the shock wave caused by the results of this report.
Several women have expressed, publicly and privately, their reactions, sometimes overwhelming, to the results of the study. Since its broadcast, new testimonies have been reported in the media or have reached us directly, and several testimonies of women who have experienced sterilization or pressure to accept the procedure have been published on social media.
Some women, wanting to assert their rights or simply better understand their situation, wanted to consult their medical records. It has been brought to our attention that at least one Aboriginal woman has been questioned numerous times by her or her gynecologist on the reasons for her written request to obtain her own medical file.
These events took place after the release of the research report and reactions in the media from the College of Physicians. Its president, Dr.r Mauril Gaudreault, also committed, on December 9, to “give the appropriate follow-up, insofar as we obtain reports”.
However, it is very worrying to note that it could be difficult for Aboriginal women to obtain their own medical records, and even more so if they have to justify their request in front of a worried member of the medical staff.
However, this right is indeed enshrined in the Act respecting health services and social services. Article 26 of this law stipulates that “the establishment must give the user access to his file as soon as possible. […] “. For its part, article 94 of the Code of ethics of physicians also provides that practitioners must “follow [à cette demande] diligently and at the latest within 20 days of its receipt…” Should the words “and this, without justification of any order whatsoever” be added to these articles?
Already, despite the adoption of Bill 79 (Act authorizing the communication of personal information to the families of Aboriginal children who have disappeared or died following admission to an establishment), it is difficult to obtain the full cooperation of certain centers integrated university health and social services (CIUSSS) concerned by requests for access to information in the context of the search for Aboriginal children who disappeared in the health care system in Quebec during the 1930s to 1970s.
It now appears that requests for access to contemporary medical records come up against the same problem.
It is clear that infantilizing, colonial practices and attempts to control the bodies of Aboriginal women are still very present in the health care system in Quebec. These unacceptable practices can no longer be tolerated and must stop immediately.