Anti-vax blog post not admissible, B.C. court rules in vaccination dispute
A B.C. father who printed off a blog post and submitted it to court in a bid to prevent his children's mother from vaccinating them against COVID-19 has lost the dispute, in part because the judge found his evidence inadmissible.
The family law case represents yet another instance in which an anti-vaccine parent failed to convince a Canadian judge that immunization posed a significant risk to their child, and ultimately lost decision-making authority on the matter.
The couple at the centre of the latest case, identified in court documents as C.H. and A.T., have two children, aged seven and nine.
Provincial court judge Wilson Lee's decision, which was posted online this week, noted that "both parties clearly love their children, and wish only the best for them."
"They disagree on this one issue, which has been the subject of debate throughout our society since the advent of the pandemic and the development of vaccines," Lee wrote.
But in court proceedings, disagreements are settled using compelling and reliable evidence – and the judge found the mother, Ms. T., was the only one who presented any at their hearing.
She brought letters from their children's doctors recommending that each of them receive the COVID-19 vaccine, as well as information from BC Children's Hospital, the Government of Canada, the Ministry of Health, and ImmunizeBC, all supporting the safety of vaccination.
The father, Mr. H., presented two printouts, including a Wordpress blog without a named author that discusses documents related to the development of the Pfizer-BioNTech vaccine. Lee found the printout was not admissible as evidence.
"At best, the blog post is an opinion that does not satisfy any of the requirements for an expert report," he wrote. "Even if the blog post were admissible as evidence, it only raises unsupported suspicions."
The other printout, which lacked as much as a source, described the typical timeline for vaccine development. The judge acknowledged the COVID-19 vaccine was developed more quickly.
But going on established case law regarding the COVID-19 vaccine, Lee noted several recurring principles, including that "COVID-19 vaccination is deemed to be in the best interests of a child" and that a "wait and see approach" of the kind advocated by Mr. H. "is not in the best interests of a child, especially when weighed against the risks of COVID-19 itself."
"The evidence submitted by Mr. H. does not rebut these presumptions," Lee wrote.
"I order that A.T. will have the parenting responsibility and authorization to obtain for the children the COVID-19 vaccination, including two doses, and a booster if and when recommended, without the consent of C.H."
CTVNews.ca Top Stories
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
2 charged after police find 'concerning and diverse' explosives at Manitoba home
Winnipeg police say they have arrested two people in their 20s after a large amount of explosives were found in a home outside of Winnipeg, Man.
Five areas Canada's foreign interference commissioner says needs more investigation
Commissioner Marie-Josee Hogue released her interim report examining foreign election interference on Friday. Here are five elements of the issue that Hogue says she needs to further probe before she can make conclusions or recommendations.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Police officer hit by driver of fleeing vehicle in Toronto
York Regional Police say they are continuing to search for a suspect in an auto theft investigation who was captured on video running over a police officer in Toronto last month.
Why your airfare may be getting more expensive
Skyrocketing airfare prices are linked to heightened competition and rising food and fuel, according to the CAA.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.