Saskatoon judge rules child can receive COVID-19 vaccine in court battle between parents
A Saskatoon judge has ruled in favor of allowing a father to have his child vaccinated for COVID-19 despite the mother being opposed to her child getting the vaccine.
"I have determined the best interest of this child operate in favour of an order directing that the father shall be entitled to have the child vaccinated for the COVID-19 virus," wrote Justice Michael T. Megaw in his Sept. 9 decision.
The case centered around a mother and father who had opposing views on whether their 12-year-old daughter should be vaccinated.
The names of the plaintiffs and defendant have been redacted from court documents to protect the identity of the child at the centre of the application.
Court documents show in 2014, following a divorce, it was determined the children would live with their mother with their father getting specified parenting time. The mother would have final decision-making authority over education and medical matters regarding the children.
The child’s father applied for an order authorizing him to proceed with getting the young girl vaccinated as he was concerned the she was more at risk of contracting COVID-19 because of her diabetic condition.
But her mother opposed vaccinating the child because she said her daughter indicated she did not want to be vaccinated, and felt her voice should be heard. A psychotherapist concluded the child’s views should be respected and the child should be allowed to decline being vaccinated.
The mother also had general concerns about information circulated by health authorities regarding the vaccine and that the child may have a medical condition called "vaccine toxicity."
Both parents filed several submissions in support of their arguments.
The judge decided based on the evidence presented, the child’s diabetic condition didn’t place her at any greater risk than others with respect to the effects of getting COVID-19.
An affidavit from an anaesthesiologist following a video conference with the child said it appeared she had already suffered from vaccine toxicity issues.
But the judge noted the doctor diagnosed ‘possible’ vaccine toxicity and therefore his thoughts were not definitive.
In regards to the wishes of the child, the father questioned whether the child’s views were truly her own, and asserted the child’s wishes "do not simply carry the day on these matters."
The judge decided the child’s views need to be considered, but do not decide the issue. The judge also said there was concern about how much the child was influenced.
The father presented affidavits from three doctors while mother submitted affidavits from two doctors touching on the issue.
The judge accepted the information from the doctors who recommended getting the vaccine saying they were more qualified in the area of infectious disease and COVID-19.
“I have determined there is nothing before me that satisfies me on a balance of probabilities that this child’s health will be compromised by the administration of the COVID-19 vaccine” the judge wrote in his decision.
CTVNews.ca Top Stories
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
U.S. vetoes a widely supported UN resolution backing full membership for Palestine
The United States has vetoed a widely backed UN resolution that would have paved the way for full United Nations membership for the state of Palestine.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn’t over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball’s highest scorer Caitlin Clark’s first news conference as an Indiana Fever player.
Bayer recalls hydraSense baby product over 'potential contamination'
Bayer announced Thursday it is recalling two lots of its hydraSense Baby Nasal Care Easydose due to a potential contamination.
N.L. gardening store revives 19th century seed-packing machine
Technology from the 19th century has been brought out of retirement at a Newfoundland gardening store, as staff look for all the help they can get to fill orders during a busy season.
Cat found on Toronto Pearson airport runway 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Grandparent scam suspects had ties to Italian organized crime, police allege
A group of suspects that allegedly defrauded seniors across Ontario and other parts of Canada using a so-called emergency grandparent scam appear to have ties to 'Italian traditional organized crime,' according to an investigator involved in the OPP-led probe.