In a case between a divorced couple, the Saskatchewan appeals court has rejected the father’s appeal not to have their young children vaccinated against COVID-19.
TBEN News does not name the couple, so as not to identify their children.
In December 2021, the mother applied for some decision-making power over COVID vaccination for her children.
The judge of the Court of Queen’s Bench in Estevan, Sask., ruled that the father was “against the vaccinations on religious grounds” but granted custody to the mother because it was “in the best interests of the children” to be vaccinated .
The father subsequently appealed that decision. In his affidavit, he said that the children were already infected with COVID and so he personally believes that they have natural immunity to the disease. He also submitted two unverified medical studies that were not supported by evidence about vaccine efficacy.
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In the mother’s affidavit, she said the children have not undergone antibody testing to determine if they have natural immunity.
“Since there is no evidence demonstrating the importance of having COVID-19 on the issue of whether vaccination is advisable or necessary, it would be given little weight and therefore would not weigh decisively on an issue or have an effect on the outcome.” of the hearing,” Court of Appeals Judge Jerome Tholl wrote in the late July decision.
The father’s “personal conclusion that the children now have natural immunity to COVID-19 cannot be accepted because he has no medical expertise to express such an opinion,” Tholl added.
The judge also said the two medical examinations provided by the father “are inadmissible because the authenticity and credibility of this evidence has not been sufficiently established”.
This case is similar to another that took place last year involving a divorced couple from Saskatoon. In that case, the judge ruled 13 year old girl must be vaccinated against COVID-19despite legal opposition from her mother.