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
LIVE B.C. seeks ban on using drugs in 'all public spaces,' shifting approach to decriminalization
The B.C. government is moving to have drug use banned in 'all public spaces,' marking a major shift in the province's approach to decriminalization.
Air traveller complaints to Canadian Transportation Agency hit new high
The Canadian Transportation Agency has hit a record high of more than 71,000 complaints in a backlog. The quasi-judicial regulator and tribunal tasked with settling disputes between customers and the airlines says the backlog is growing because the number of incoming complaints keeps increasing.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
U.S. flight attendant indicted in attempt to record teen girl in airplane bathroom
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.
76ers All-Star centre Joel Embiid says he has Bell's palsy
Philadelphia 76ers All-Star centre Joel Embiid has been diagnosed with Bell’s palsy, a form of facial paralysis he says has affected him since before the play-in tournament.
AFN chief says Air Canada offered a 15% discount after her headdress was mishandled
After the Assembly of First Nations' national chief complained to Air Canada about how staffers treated her and her ceremonial headdress on a flight this week, she says the airline responded by offering a 15 per cent discount on her next flight.
Trump's lawyers try to discredit testimony of prosecution's first witness in hush money trial
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.