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
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests about relationship with Prince Harry
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.
Boy Scouts of America is rebranding. Here's why they're now named Scouting America
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
New Canadian study could be a lifesaver for thousands suffering from CTE
A first-of-its-kind Canadian research study is working towards a major medical breakthrough for a brain disorder, believed to be caused by repeated head injuries, that can only be detected after death.
Rape, terror and death at sea: How a boat carrying Rohingya children, women and men capsized
In March, Indonesian officials and local fishermen rescued 75 people from the overturned hull of a boat off the coast of Indonesia. Until now, little was known about why the boat capsized.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
These adults born in the '90s partnered with their parents to buy homes in Ontario
An Ontario woman said it would have been impossible to buy a house without her mother – an anecdote that animates the fact that over 17 per cent of Canadian homeowners born in the ‘90s own their property with their parents, according to a new report.
For their protection, immigrants critical of China and India call for speedy passage of Canada's foreign interference legislation
Canadian immigrants threatened by hostile regimes are urging parliamentarians to quickly pass the 'Countering Foreign Interference Act' so they can feel safe living in their adopted home.