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
DEVELOPING Slovakia's populist prime minister shot in assassination attempt, shocking Europe before elections
Slovakia's populist prime minister, Robert Fico, was shot multiple times and gravely wounded Wednesday after a political event in an attempted assassination that shocked the small country and reverberated across Europe.
Transport Canada's UFO 'lead' planned to meet with U.S. intel officials, called info requests a 'wild goose chase'
Canada's transportation department had a UFO 'lead' who tried to 'quell' media interest and planned to meet with U.S. intelligence officials.
'Very expensive lunch': Sask. driver handed a cell phone ticket for using points app in McDonald's drive-thru
A warning from a Saskatoon driver about using your fast-food app while in the drive-thru line — a trip to get some free lunch cost him a lot more than he bargained for.
'The Fly' has become notorious in France after a brazen escape. What's his criminal history?
A prisoner nicknamed “The Fly” has become notorious in France overnight after a daring and bloody escape from a prison convoy in Normandy that left two guards dead.
Ontario's 'Crypto King' Aiden Pleterski arrested
Aiden Pleterski, the self-proclaimed 'crypto king' from Whitby, Ont., has been arrested in Durham Region after allegedly running a Ponzi scheme worth more than $40 million.
Barge hits a bridge in Texas, damaging the structure and causing an oil spill
A barge slammed into a bridge pillar in Galveston, Texas, on Wednesday, spilling oil into surrounding waters and closing the only road to a smaller and separate island that is home to a university, officials said. There were no immediate reports of injuries.
Person responsible for 1996 drugging of 'Titanic' crew likely not a local: Halifax police
Halifax Regional Police believe a non-resident could be responsible for the infamous drugging of numerous crew members of the 'Titanic' movie with a hallucinogenic in 1996.
Latest updates on the biggest wildfires burning in Canada
Thousands of people in Western Canada remain displaced from their homes as wildfires threaten their communities, triggering evacuation orders and alerts.
OPINION If you think you can’t focus for long, you’re right: Sandee LaMotte
Regaining your focus requires you to be mindful of how you are using technology -- a daunting task if you consider the average American spends at least 10 hours a day on screens.