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- Matthew Horwood
Aug 17, 2022
A 12-year old schoolgirl who objected to being vaccinated against COVID-19 cannot be forced to take it, a Peterborough, Ontario judge has ruled.
“The science relating to COVID-19 is developing,” wrote Justice Christopher Corkery of Ontario Superior Court. “The ‘facts’ are changing.”
According to Blacklock's Reporter, the decision came in a family court dispute. The girl’s unidentified father filed a motion with the Court compelling his ex-wife to have the girl vaccinated before the start of the school year. “It’s keeping everyone in our community safe,” the father told the Court. “It’s keeping you safe."
The schoolgirl described as an A-student wrote in an email submitted to the court stating she did not want to get vaccinated. Her reasons included data suggesting “people who have received both shots and the booster are still getting COVID” and that “she heard from friends that their doctors are advising that children not get vaccinated.”
“This is my final decision,” wrote the girl. “I do not want the vaccine. I hope my wishes will be respected.” The Court was told the girl’s mother “is not against the COVID-19 vaccine but is not prepared to force her daughter to be vaccinated against her will.”
Justice Corkery ruled he could not mandate vaccination. “I am satisfied she is able to reasonably form her own opinions,” he wrote.
“What are the health implications if children receive the current vaccine but skip some or all of the boosters?” said Corkery. “What future COVID variant will boosters guard against?”
“These are all valid questions requiring answers which are currently unavailable. It is improper for the Court to pre-determine future medical treatments at unknown times, in unknown circumstances.”
“Does safe mean there are no side effects?” wrote Justice Corkery. “Is the vaccine effective in protecting her from contracting COVID-19, from spreading it, from dying from it, from severity of symptoms? As with informed consent there are many factors that must be carefully considered in weighing risks and benefits.”
“Requiring her to be vaccinated against her will would not respect her physical, emotional and psychological safety, security and well-being but would in fact put her at risk of serious emotional and psychological harm,” the Court concluded: “It is not in her best interest.”
The Public Health Agency of Canada has not endorsed vaccine mandates for patients of any age. “We know parents who are unvaccinated,” Dr. Theresa Tam, chief public health officer, told reporters last November 19. “It’s probably going to be quite difficult to convince them their kids need to be vaccinated.”
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