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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.