B.C. mother wins court battle over child’s COVID-19 vaccination

A B.C. judge has ruled against a father who refused to allow his daughter to be vaccinated against COVID-19 because he thought the shots were unsafe.

The family dispute was brought to provincial court in mid-January, as the mother did want her 10-year-old to receive the COVID-19 vaccine.

The parents share custody, as detailed in the court’s decision Jan. 24.

Despite medical advice from the family’s doctor and public health officials, the father would not be convinced.

The father asked for mediation but the judge said long delays would leave the child unprotected. Several days after the first hearing, the child and the mother tested positive for COVID-19.

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The judge said without evidence proving the father’s claims, the decision to get the child immunized would be made by the mother.

The names of the parents were changed in the court document to protect the child’s identity.

It’s not the first family dispute over vaccines that’s landed in court in recent months.

In December, a judge in Alberta also sided with the pro-vaxx parent in that case.

In Quebec, a judge went so far as to suspend the visitation rights a father because he refused to be vaccinated.

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A messy case in Ontario detailed one parent refusing to share important health records and documents in order to allow the children to be immunized. The father wouldn’t let the kids attend school until they were vaccinated, and as the mother refused to get their children inoculated, the children had not been going to class.

“The responsible government authorities have all concluded that the COVID-19 vaccination is safe and effective for children ages 12-17 to prevent severe illness from COVID-19 and have encouraged eligible children to get vaccinated. These government and public health authorities are in a better position than the courts to consider the health benefits and risks to children of receiving the COVID-19 vaccination. Absent compelling evidence to the contrary, it is in the best interest of an eligible child to be vaccinated,” Ontario Justice R.E. Charney said in the reasons to side with the father.

In many cases, a parent’s consent is not required in Canada in order for a child to be immunized or to receive medical treatments, as stated in the Health Care Consent Act, which allows the child to make their own medical decisions.

With files from The Canadian Press