Alberta Court of Appeal has dismissed case of a terminally ill woman who refused a COVID vaccination before major organ transplant.
Lewis was accepted into the transplant program in May 2020. That October, she was moved to the top of the wait list after an assessment found her health was deteriorating and that she would most benefit from a transplant.Article content
Lewis launched a legal action seeking reinstatement to the top of the list, as well as a declaration the vaccine requirement violated her rights under sections 2, 7 and 15 of the Charter of Rights and Freedoms.before Court of King’s Bench Justice Paul Belzil this summer, JCCF lawyer Allison Pejovic took pains to note her client is not a conspiracy theorist, an anti-vaxxer or a supporter of the Ottawa convoy.
The respondents argued that since organs are scarce, transplant programs must do their best to balance the needs the patient with the needs of other patients, organ donors and their families. Programs also have an obligation to minimize the risk an unvaccinated patient would pose to other transplant recipients.Article content
Pejovic argued Belzil made a fundamental error in finding the vaccine requirement was a clinical decision and not a “top down” imposition from AHS, thus opening the case to charter scrutiny.
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