Ontario court sides with child on vaccination stance
Officials with an Ontario law firm are saying that a recent case involving a pre-teen who did not want to be vaccinated against COVID-19 is breaking new legal ground.
The divorced parents of the youth share custody of the girl and could not agree on her vaccination.
Nafisa Nazarali, a senior managing associate lawyer at Russell Alexander Collaborative Family Lawyers, discussed the case with CTV News in a live interview Tuesday night.
"Essentially, this case is really about the concept of a 'mature minor' being empowered to make her own decisions regarding her refusal to take the COVID-19 vaccine," Nazarali said.
"So, in this case, the father, wanted his 12-year-old daughter to get the vaccine and the mother didn't really take a position on it. She didn't want to force her daughter to do something she didn't want to do."
Whether to vaccinate or not has divided much of the country and the family was willing to spend "quite a bit of money to get a decision from a third party arbitrator."
Ultimately, the court ruled the daughter a 'mature minor' and in this case, it was not in her best interest to order her to get the vaccine against her wishes, Nazarali said.
"It is extremely difficult to navigate when parents have joint decision-making power and are unable to come to an agreement on these important issues," she said.
And, the COVID-19 pandemic has presented several issues that separating families have consider: in person versus virtual learning decisions, parenting time and vaccinations.
"I think this decision highlights the importance on focusing on the best interest of the child. In this particular case, the judge ruled that the emotional and psychological effect of forcing this particular child to be vaccinated against her wishes far outweighed the potential benefits of the vaccine," the lawyer said.
Adding, because each family's circumstances are different, judges must balance competing priorities using evidence in each case to determine what is in the best interest for each child.
"What this case does highlight, Tony, is that judges are cognizant of the fact that the science around vaccines is evolving and each case requires that careful analysis," Nazarali said.
"There's really no presumption that it is in the children's best interest to be vaccinated."
CTVNews.ca Top Stories
Serial sexual offender linked to unsolved 1970s homicides of four Calgary girls, women
An investigation into unsolved historical homicides from the 1970s has linked the deaths of two girls and two young women in and around Calgary to a now-deceased serial offender.
Woman with liver failure rejected for a transplant after medical review highlights alcohol use
For nearly three months, Amanda Huska has been in an Ontario hospital, part of it on life support, because of severe liver failure. Her history of alcohol use is getting in the way of her only potential treatment: a liver transplant.
Dabney Coleman, actor who specialized in curmudgeons, dies at 92
Dabney Coleman, the mustachioed character actor who specialized in smarmy villains like the chauvinist boss in '9 to 5' and the nasty TV director in 'Tootsie,' has died. He was 92.
BREAKING Craig Berube named as next head coach of Toronto Maple Leafs
The Toronto Maple Leafs have named Craig Berube as their new head coach.
Person charged in random assault on actor Steve Buscemi in New York
A person wanted in connection with the random assault on actor Steve Buscemi on a New York City street earlier this month was taken into custody Friday, police said.
B.C. man 'attacked suddenly' by adult grizzly near Alberta boundary: RCMP
A B.C. man is recovering from multiple injuries after he was "attacked suddenly" by an adult grizzly bear near Elkford Thursday afternoon.
Australia's richest woman seeks removal of her portrait from exhibition
Art is subjective. And while many artists long to share their work with the world, there's no guarantee that the audience will understand it, or even like it.
Video appears to show Sean 'Diddy' Combs beating singer Cassie in hotel hallway in 2016
Security video aired by CNN appears to show Sean 'Diddy' Combs physically assaulting singer Cassie in a Los Angeles hotel hallway in 2016.
A look back at Alberta's record-breaking wildfire season
By the end of the 2023 wildfire season in Alberta, 1,088 wildfires had burned more than 2.2 million hectares of land, and this year, the wildfire season is already in full swing.