Anti-vax parents unlikely to win child immunization disputes in court, B.C. lawyer says
With children as young as five now eligible for vaccination against COVID-19, there are likely heated disputes brewing between parents with differing views – and some may eventually end up in a courtroom.
But dragging a fight over childhood immunization before a judge is unlikely to end well for anti-vaccine parents, according to B.C. lawyer Martina Milau, who dealt with a number of similar vaccine battles prior to the pandemic.
When it comes to healthy children who don't have any chronic health conditions, "I don't see a court ruling against vaccinations," Milau told CTV News.
Divorced or separated parents seeking to prevent a former partner from vaccinating their child face an uphill battle, the lawyer said, as they're also going up against public health recommendations that encourage immunizing eligible children as quickly as possible.
"A judge is not going to trump that," said Milau, who works at Clark Woods LLP in Coquitlam. "Judges look to experts all the time when they don't have the expertise in a subject."
The onus would be on that parent to demonstrate that vaccination would pose a significant risk to their child, and Milau suggested, based on her experience with other vaccine cases, that it wouldn't be an easy case to make.
The lawyer said if such a client approached her without the backing of a strong medical opinion, she might have to turn them away or send them to another firm.
"I don't want to take people's money for them to just lose," Milau said.
There are potential problems for parents on both sides of the dispute, however.
Milau said pro-vaccine parents may have an easy time getting their child immunized alone, despite a court order requiring them to make joint health-care decisions with their former partner, but cautioned that doing so could come back to bite them later on.
"If you were supposed to be doing something by consensus, even if you're right, if you do it unilaterally … it shows poorly long-term," Milau said.
There is also the option for young people to get vaccinated on their own, regardless of what either parent believes about immunization or the pandemic.
When Health Canada first approved COVID-19 vaccines for youths between the ages of 12 and 17, provincial health officer Dr. Bonnie Henry noted those minors can choose to get vaccinated against their parents' wishes under B.C.'s Infants Act, which allows minors to make their own informed medical decisions with the support of health-care professionals.
There is no set age under the law when a child is considered mature enough to give informed consent, though officials haven't commented on the possibility of those under the age of 12 using the Infants Act to get vaccinated.
For parents who do feel they need legal representation in a vaccine dispute, Milau stressed that they don't need to find a firm advertising a specialization with COVID-19 cases, which she described as an emerging "gimmick" in family law.
"People can go to any regular old family lawyer and get very competent advice and representation," she said.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.