03/03/2022
In a recent decision the Honourable Justice Pazaratz provided a ruling *against* vaccinating children.
To remind you- prior to this ruling the courts would tend to shift towards following government mandates such as vaccinating children, although, dependant upon factors like health related issues of the child etc.
In short- in this case mom and her children (12 & 10) were against vaccinating and dad was trying to push for the children to be vaccinated. In his decision to grant moms wish that the children *not* be vaccinated, Justice Pazaratz found that the vaccines potential side effects justified her caution and cited a long list of reasons why the court should *not* simply defer to government experts.
Justice Pazaratz: “what about the residential school system? For decades the government assured us that taking Indigenous children away-and being willfully blind to their abuse- was the right thing to do. We’re still finding children’s bodies”…..”what about sterilizing Eskimo women, the same thing- the government knew best”…
As each family matter will always be decided based upon their individual facts, in this case an independent social worker noted the children made an “un-manipulated” decision that they did not want to be vaccinated.
Decisions on children in these parental disputes are made according to a judge’s view of the best interests of the children. Justice Pazaratz acknowledged that a highly complex debate exists between the benefits and potential risks of the vaccine, and in this matter the children’s wishes reinforced the judges ruling.
What to take from this? Each case in family court will be assessed by a judge based upon their individual, specific facts. There are cases where judges have sided with the pro-vaccine parent, because it was in the child’s best interest in their situation. This is a hotly debated issue and a very grey area of the law. If you want to talk more about this and your specific matter- give me a call. 🙋🏼♀️