Child Covid Vaccination Law and Parental Rights
February 8, 2022
Family
In this video, we are discussing parental rights and disagreement with respect to Covid vaccination for Children in Canada.
We wish to clarify that this video is being delivered simply to clarify and advise the viewers regarding the laws in effect. It is not to instigate any discussion or debates regarding this topic.
For the background information, in May of 2021, Health Canada had approved Pfizer vaccine for children above the age of 12 and in Nov of 2021, Health Canada had approved Pfizer covid vaccine for children above the age 5.
This created heightened conflict between divorced and separated parents, in cases where one parent wishes to have their children vaccination and other does not.
This issue was recently analyzed in the case of TRB and KWPB and has also extensively been debated in other parts of the country. Before we discuss the case of TRB & KWPB, I wish to discuss the core principles based on which the vaccination mandate is based on that is our Canadian Charter of Rights & Freedom.
The Section 7 of the charter gives us the right to life, liberty and security of life. This right allows us the right to choose for us and for our children. However, the overarching principle is section 1 of the charter. The section 1 of the charter provides that this right to choose is not absolute and is subject to reasonable limitations, as necessary. This is primarily the reason that the interests of protecting the public overrides our section 7 rights during the pandemic. The Alberta Human Rights commission has also clearly stated that balancing health and safety pressures during a pandemic may override certain rights, for a time, in the interest of protecting the general public from COVID-19.
Now how does this apply in the context of family law.
In the recent case of TRB & KWPB, the father had been apprehensive regarding having the children vaccinated. However, notwithstanding the father’s reluctance, the court permitted the mother to have the children vaccinated.
While making the decision, the court analyzed what was in the best interests of the children. The court made a note that “the risks associated with the vaccine are minimal and are outweighed by the risk of serious illness and death to unvaccinated individuals, including children”, and further, that “vaccination serves the children’s best interests by protecting their physical health, fostering their psychological and emotional needs and imparting important social lessons to them about maintaining and protecting their health for the sake of themselves and those around them”.
However, the court did state that there may be excepts that the court may consider such as any medical condition which would prevent the child from receiving the covid 19 vaccine or cause the vaccine to be harmful.
The court had also considered the views of the children in this case.
The court also stated that each child is unique and recognizes that each case turns on its unique circumstances and but reflects the best interests of the children.
It is believed by Family law practitioners throughout Canada, that children’s health and well-being will continue to be primary factored and consideration in this area of law.
Due to the same consideration, the parents that are unvaccinated have also seen their parenting time with their children to be greatly restricted, including in certain cases, unvaccinated parents have temporarily lost their visitation rights with their children.
We Family practitioners expect that many disputes and charter challenges will be raised in the near future. However, the general consensus is that most likely the charter challenges and arguments will fail, and the only few exceptions that may suffice and considered as valid reasons, include:
- 1. A medical condition which would prevent the child from receiving the covid 19 vaccine or cause the vaccine to be harmful;
- 2. Religious beliefs that are sincerely held and connected to a faith of the child and their parents and
- 3. Under unique circumstances the preference of the child may be considered, based on the age and the maturity of the child, and the child fully appreciating the pros and cons of the vaccination, and without any undue influence from parents.
However, if you wish to discuss the laws regarding the covid vaccination requirements for you and your children, then call us today at 403-300-LAWS or email us at info@lawsnbeyond.com.
Thank you for watching.
— by Megha Sharma
