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Home Canadian News

Court rules 12-year-old student can’t be forcibly vaccinated

by Nigerian Canadian Newspaper Canada
August 18, 2022
in Canadian News, Law, Vaccine
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A judge in Peterborough, Ontario has ruled that a 12-year-old schoolgirl who refused to be vaccinated against COVID-19 cannot be forced to take it.

Justice Christopher Corkery of Ontario Superior Court wrote: “The science relating to COVID-19 is developing. The ‘facts’ are changing.”

According to Blacklock’s Reporter, the ruling happened in a family court dispute. The unidentified father of the girl filed a motion with the Court forcing his ex-wife to have the girl vaccinated before the school year commenced. While talking to the court, the father said: “It’s keeping everyone in our community safe. It’s keeping you safe.”

In an email sent to the court, the schoolgirl, an A-student, stated that she did not want to get vaccinated. Her reasons included data which suggested that “people who have received both shots and the booster are still getting COVID” and that “she heard from friends that their doctors are advising that children not get vaccinated.”

She wrote: “This is my final decision. I do not want the vaccine. I hope my wishes will be respected.” The Court was informed that the girl’s mother “is not against the COVID-19 vaccine but is not prepared to force her daughter to be vaccinated against her will.”

Justice Corkery ruled he could not make vaccination mandatory. He wrote: “I am satisfied she is able to reasonably form her own opinions.

“What are the health implications if children receive the current vaccine but skip some or all of the boosters? What future COVID variant will boosters guard against?

“These are all valid questions requiring answers which are currently unavailable. It is improper for the Court to pre-determine future medical treatments at unknown times, in unknown circumstances.

“Does safe mean there are no side effects? Is the vaccine effective in protecting her from contracting COVID-19, from spreading it, from dying from it, from severity of symptoms? As with informed consent there are many factors that must be carefully considered in weighing risks and benefits.

“Requiring her to be vaccinated against her will would not respect her physical, emotional and psychological safety, security and well-being but would in fact put her at risk of serious emotional and psychological harm.”

The Court concluded: “It is not in her best interest.”

Vaccine mandates for patients of any age has not been endorsed by Public Health Agency of Canada. On November 19, 2021, Dr Theresa Tam, Chief Public Health Officer said: “We know parents who are unvaccinated. It’s probably going to be quite difficult to convince them their kids need to be vaccinated.”

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