Close X
Monday, November 11, 2024
ADVT 
National

Woman Who Made History With Lawsuit Against Alberta Government Dies

The Canadian Press, 16 Mar, 2016 01:29 PM
    EDMONTON — A woman who made history by successfully suing the Alberta government for wrongful sterilization — eventually leading to payouts for hundreds more victims — has died.
     
    Leilani Muir-O'Malley, 72, died sometime over the weekend at her home in Devon, Alta., said Nicola Fairbrother, director of Neighbourhood Bridges, an advocacy group for people with intellectual disabilities.
     
    Muir-O'Malley's fight for compensation was national news in 1995, and became the subject of a National Film Board documentary, as well as her own book, "A Whisper Past."
     
    The judge who awarded her $740,000 plus legal costs called the sterilization system ''unlawful, offensive and outrageous.''
     
    Muir-O'Malley and almost 3,000 other Albertans were sterilized between 1928 and 1972 under a law intended to prevent those the province called ''mental defectives'' from passing on their genes.
     
    Kerri McEachern of the Self-Advocacy Federation said Muir-O'Malley spent her life as an activist, and was supposed to have been the keynote speaker at an event the organization is having in June.
     
    "Her legacy was bringing awareness of the survivors of institutions and the hideous things that were done to people with disabilities," said McEachern. "She was one of the first people who lived it, and was able to talk about it. She talked for people who can't."
     
    An unloved child whose mother did not want a daughter, Muir was left at what was known as the Provincial Training Centre in Red Deer, Alta., just three days before her 11th birthday.
     
    She was discharged in 1965, but did not learn until a year later that she had been sterilized in 1959 after an intelligence test that she does not remember taking suggested she was a moron.
     
    Muir's case opened a floodgate of claims. About 600 of them were settled in 1998, with claimants classed as ''dependent adults'' being given $100,000 each.
     
    The Alberta government embarked on a disastrous attempt to use the notwithstanding clause of the Constitution to limit the rights of the remaining "independent adults" to sue.
     
    In the end, the Alberta government reached an $80-million settlement with more than 200 people who had been subjected to forced sterilization.
     
    Muir-O'Malley never stopped fighting for social justice and at one point ran for a seat in the Alberta legislature with the New Democratic Party.
     
    "Leilani was really the picture of what bravery in the face of chronic institutional stonewalling looks like," said Fairbrother, who was also her friend and worked with her on the Living Archives on Eugenics in Western Canada project.
     
    "It was her complete unwillingness to have any settlement conditional on secrecy and confidentiality that made Albertans aware of the legacy of sexual sterilization in Alberta."

    MORE National ARTICLES

    More Than Two Dozen People Arrested In Quebec Drug Sweep

    MONTREAL — Police in several Quebec communities have arrested and charged 26 people following a series of drug raids in the province.

    More Than Two Dozen People Arrested In Quebec Drug Sweep

    Tranquil Nova Scotia Beach Scene Of Dispute Over Access Between Locals, McCain Heiress

    Tranquil Nova Scotia Beach Scene Of Dispute Over Access Between Locals, McCain Heiress
    A tranquil Nova Scotia beach has become the scene of a dispute between an heiress to the McCain dynasty who wants trespassers off her property and locals who question why they can no longer use a path to a shore they've strolled for many years

    Tranquil Nova Scotia Beach Scene Of Dispute Over Access Between Locals, McCain Heiress

    Rachel Notley Under Fire After Ex-union Negotiator Hired To Bargain With Unions

    Rachel Notley Under Fire After Ex-union Negotiator Hired To Bargain With Unions
    Wildrose finance critic Derek Fildebrandt says hiring Kevin Davediuk will be bad news for taxpayers given the NDP's traditional ties with unions.

    Rachel Notley Under Fire After Ex-union Negotiator Hired To Bargain With Unions

    No Injuries As Fiery Blast Damages Wood Products Mill In Quesnel, B.C.

    No Injuries As Fiery Blast Damages Wood Products Mill In Quesnel, B.C.
    Investigators remain at the scene of an explosion at a wood products mill in Quesnel, B.C.

    No Injuries As Fiery Blast Damages Wood Products Mill In Quesnel, B.C.

    Canada's Top Court To Hear B.C. Case Against Facebook 'Sponsored Stories' Policy

    Canada's Top Court To Hear B.C. Case Against Facebook 'Sponsored Stories' Policy
    Deborah Louise Douez sought to file a class action against Facebook over its so-called sponsored stories.

    Canada's Top Court To Hear B.C. Case Against Facebook 'Sponsored Stories' Policy

    Prison Watchdog Calls For End To Solitary For Mentally Ill Inmates

    Prison Watchdog Calls For End To Solitary For Mentally Ill Inmates
    The report also says segregation should be limited to no more than 30 days and says it should not be used as an alternative to the disciplinary process.

    Prison Watchdog Calls For End To Solitary For Mentally Ill Inmates