Leilani Muir
Leilani Marietta (O'Malley) Muir (July 15, 1944 – March 14, 2016), previously named Leilani Marie Scorah, was the first person to file a successful lawsuit against the
Early life
Muir was born in Calgary, Alberta, Canada into a poor family that frequently moved. She was an unwanted, unloved, and abused child.[1] Her mother looked for ways to remove her from the family and, when Muir was eight, placed her in the Midnapore Convent for a month. Then, in 1953, her mother sent an application for Muir to be institutionalized at the Provincial Training School for Mental Defectives (also known as the Michener Centre) in Red Deer, Alberta.[2] At that time there were no vacant beds.
Two years later on July 12, 1955, shortly before her 11th birthday, Muir was admitted into the institution solely on the basis of information provided by her mother, without any diagnostic testing. She thought she had been sent to an orphanage.[3] Under superintendent Leonard Jan Le Vann, a precondition for admission into the Provincial Training School was a signature from Muir's mother permitting the legal enforcement of compulsory sterilization.[4] Over the years, Muir was educated to a grade 5 level and saw her mother only intermittently until her departure from the institution at the age of 20.
Background on eugenics
Muir’s sterilization was part of a progression towards forced sterilization and eugenics that began in the 19th century.
In 1883,
Eugenics has been attempted in many countries in many ways, including practicing sterilization,
Scientists discredited the eugenics movement after witnessing the events of
One of the main advocates of eugenics who helped pass Alberta's sterilization law was the first female magistrate of the British Empire, Emily Murphy,[21] who was also one of The Famous Five who campaigned for women's rights in the 1920s. Under her influence, many Albertans, especially farmers who saw first-hand what selective breeding can do to enhance livestock quality, agreed that eugenics could be used to improve human stock as well.[22] One of the people influenced by Murphy’s opinions was the Minister of Agriculture and Health, George Hoadley. Hoadley convened the first meeting of the Alberta Eugenics Board a year after the Sexual Sterilization Act was passed.[23] This Board interviewed all people considered to have inferior genetic stock and approved the sterilization of 4,725 of 4,800 cases.[24] The three-member Board elected a fourth member John M. MacEachran to act as chairman, a position he held until his death in 1965. MacEachran was a key figure in promoting the continued sterilization of people who were seen as degenerates and "incapable of intelligent parenting."[25] Inmates of Alberta mental institutions were particularly vulnerable to sterilization under this Act and the Board's practices.[26]
The sterilization of Leilani Muir
Muir had lived at the
On January 19, 1959, doctors performed a bilateral salpingectomy (destruction of the fallopian tubes) on Muir.[30] She had been told that the surgery was to remove her appendix. She would not find out until nearly a decade later why she could not bear children.
The case
In 1965, Muir left the
Muir became
Not long after this IQ test had proved that Muir was of normal intelligence and should never have been sterilized or placed in the Provincial Training School for Mental Defectives, she sought legal counsel to sue the Alberta government on her behalf for wrongful sterilization.[35] The four-week trial began on June 22, 1995, with the Honorable Madame Joanne B. Veit presiding. On January 25, 1996, Veit ruled in favor of Muir awarding C$740,780 in damages with an additional C$230,000 for legal costs.[36] Veit proclaimed:
In 1959, the province wrongfully surgically sterilized Ms. Muir ... the particular type of confinement of which Ms. Muir was a victim resulted in many travesties to her young person: loss of
institutional discipline.[37]
Since Muir’s case, the Alberta government has apologized for the forced sterilization of over 2,800 people. Nearly 850 Albertans who were sterilized under the Sexual Sterilization Act were awarded C$142 million in damages.[38]
In 1996, a documentary was released about Muir's life called The Sterilization of Leilani Muir. Produced by the National Film Board of Canada, the film won awards at the 1997 HESCA Film Festival in Lake Tahoe, Nevada, and the Western Psychological Association Film Festival in Seattle, Washington.[39]
Private life
After the trial, Muir lived in Devon, Alberta with her pets. She was an active board member of the Living Archives on Eugenics in Western Canada Community University Research Alliance, and enjoyed spending her free time with family, friends, pets, and other animals. She continued to speak about her life story at international conferences and wrote an autobiography called A Whisper Past: Childless after Eugenic Sterilization in Alberta.[40] The play Invisible Child: Leilani Muir and the Alberta Eugenics Board was performed by MAA & PAA Theatre at the 2012 Edmonton International Fringe Festival.[41] Muir died at home in Devon, Alberta on March 14, 2016.[42][43]
Notes
- ^ Wahlsten, 1997, p. 193
- ^ Wahlsten, p. 193
- ^ Buchanan, 1997
- ^ Wahlsten, p. 193
- ^ Grekul, Krahn, & Odynak, 2004
- ^ Wahlsten, 1997
- ^ Grekul, Krahn, & Odynak, 2004
- ^ Buchanan, 1997
- ^ Grekul, Krahn, & Odynak, p. 358
- ^ Thom & Jennings, 1996
- ^ DNA Learning Center, 2011a
- ^ DNA Learning Center, 2011b
- ^ DNA Learning Center, 2011b
- ^ Buchanan, 1997; Reilly, 1991
- ^ Allen, 1995; Chase, 1977; Devlin, Fienberg, Resnick, & Roeder, 1995
- ^ Wahlsten, p. 186
- ^ Wahlsten, p. 196
- ^ Buchanan, 1997; Grekul, Krahn, & Odynak, 2004
- ^ Wahlsten, 1997; McLaren, 1990
- ^ Wahlsten, p. 185
- ^ Wahlsten, p. 187
- ^ Buchanan, 1997
- ^ Wahlsten, p. 188
- ^ Thomas, 1995
- ^ Buchanan, 1997
- ^ Wahlsten, p. 188
- ^ Wahlsten, p. 194
- ^ Christian, 1973
- ^ Wahlsten, p. 194
- ^ Wahlsten, p. 194
- ^ Wahlsten, p. 195
- ^ Wahlsten, 1997
- ^ Buchanan, 1997
- ^ Wahlsten, 1997
- ^ Pringle, 1997
- ^ Muir v. The Queen in right of Alberta, 1996; Wahlsten, 1997; Pringle, 1997
- ^ Muir v. The Queen in right of Alberta, 1996
- ^ Canadian Broadcasting Corporation, 1999
- ^ NFB, 2012
- ^ Crusio, 2015
- ^ Theatre Alberta, 2012
- ^ Canadian Broadcasting Corporation, 2016
- ^ ICI Radio-Canada, 2016
References
- Allen, G.E. (1995). "Eugenics comes to America". In Jacoby, R. & Glauberman, N. (eds.) The bell curve debate: History, documents, opinions. New York: Times Books.
- Buchanan, E. (1997, Mar 23). "Playing God with people’s lives". Guardian Weekly. Retrieved on October 11, 2012
- Canadian Broadcasting Corporation. (1999, Nov 9). "Alberta apologizes for forced sterilization". CBC News. Retrieved on October 11, 2012
- Canadian Broadcasting Corporation (15 March 2016). "Leilani Muir, advocate for Alberta's sterilization victims, dies - Edmonton -". CBC News. Retrieved 2016-03-16.
- Chase, A. (1977). The legacy of Malthus: The social costs of the new scientific racism. New York: Knopf.
- Christian, T. (1973). The mentally ill and human rights in Alberta: A study of the Alberta Sexual Sterilization Act. Edmonton: The Faculty of Law, University of Alberta.
- ISSN 1601-1848.
- Devlin, B., Fienberg, S.E., Resnick, D.P., & Roeder, K. (1995). "Galton redux: Eugenics, intelligence, race, and society: A review of The bell curve: Intelligence and class structure in American life". Journal of the American Statistical Association, December: 1483-1488.
- DNA Learning Center. (2011a). "Sterilization laws". Eugenics Archive. Retrieved on October 11, 2012
- DNA Learning Center. (2011b). "Hybrid vigor in corn and people". Eugenics Archive. Retrieved on October 11, 2012
- Fagen, Erica. "Leilani Muir: Eugenics on Trial in Canada." Peace and Conflict: Journal of Peace Psychology, Vol 19(4), Nov 2013, 358-361.
- Globe and Mail Obituary (16 March 2016). Leilani Muir made history suing Alberta over forced sterilization Tu Thanh Ha
- Grekul, J., Krahn, H., & Odynak, D. (2004). "Sterilizing the 'feeble-minded': Eugenics in Alberta, Canada, 1929-1972". Journal of Historical Sociology, 17(4): 358-384. ISSN 0952-1909.
- ICI Radio-Canada (16 March 2016). "Décès de la militante anti-stérilisation Leilani Muir" (in French). Retrieved 2016-03-16.
- McLaren, A. (1990). Our own master race: Eugenics in Canada, 1885-1945. Toronto: McClelland & Stewart.
- "Muir v. The Queen in Right of Alberta". (1996). [Dominion Law Reports, 132 (4th series): 695-762. Retrieved on October 16, 2012
- National Film Board of Canada (NFB). (2012). "The sterilization of Leilani Muir". Our collection. Retrieved on October 11, 2012
- Pringle, H. (1997, Jun). "Alberta barren". Saturday Night, 12(5): 30-37; 70; 74.
- Reilly, P. (1991). The surgical solution: A history of involuntary sterilization in the United States. Baltimore and London: The Johns Hopkins University Press.
- Theatre Alberta. (2012). "Fringe (Edmonton) Invisible Child: Leilani Muir and the Alberta Eugenics Board". Retrieved on October 11, 2012
- Thom, D. & Jennings, M. (1996). "Human pedigrees and the 'best stock': From eugenics to genetics?" In Marteau, T. & Richards, M. (eds.) The troubled helix: Social and psychological implications of the new human genetics. Cambridge: Cambridge University Press.
- Thomas, D. (1995, Jun 24). "Eugenics had powerful backers". Edmonton Journal, B1.
- Wahlsten, D. (1997). "Leilani Muir versus the philosopher king: Eugenics on trial in Alberta". Genetica, 99: 185-198.