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
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.
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.
Box tree moths have infested Ontario and experts say more are coming. Here's what to do to protect your garden
An invasive moth species is on the rise in Canada and, if you've planted a certain shrub, it could stand to ruin your garden.
His SUV was stolen on Montreal's South Shore. Then he got a $156 parking ticket
A couple is frustrated after their SUV was stolen from Montreal's South Shore in March and they received a parking ticket for the same vehicle last week.
Jesus is their savior, Trump is their candidate. Ex-president's backers say he shares faith, values
As Donald Trump increasingly infuses his campaign with Christian trappings while coasting to a third Republican presidential nomination, his support is as strong as ever among evangelicals and other conservative Christians.
To plant or not to plant? Gardening tips for May long weekend
May long weekend is finally here, and with the extra time off you may be getting the itch to head out to your garden and plant. However, the old debate whether you should plant now, or wait, is still ever-present.
Impaired driver sentenced to 7 years after double-fatal Cambridge crash
A man who killed two people in a drunk driving crash was sentenced Friday to seven years behind bars.
Banking mogul suing government after intelligence leaks leave him shut out of Canadian economy
Chinese Canadian banking mogul Shenglin Xian has launched a $300 million lawsuit against the federal government. It’s a means to find the source of intelligence leaks which Xian says has cost him his livelihood.
Backlash over NFL player Harrison Butker's commencement speech has reached a new level
The NFL is distancing itself from controversial comments by Kansas City Chiefs kicker Harrison Butker during a recent commencement address.