'The COVID-19 vaccine requirement is not a prohibition on access to medical treatment at all; it is part of the medical treatment,” the judges wrote.
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“The unfortunate reality is this: Ms. Lewis is dying because she has a terminal illness… The COVID-19 vaccine requirement is not a prohibition on access to medical treatment at all; it is part of the medical treatment,” the judges wrote.They also said Alberta did not deprive her of exercising her right to refuse the COVID-19 vaccines and the consequences for this decision aren’t caused by AHS.
“The state has not deprived Ms. Lewis of exercising her autonomous right to refuse to be vaccinated against COVID-19, which refusal is consistent with her right to refuse any medical treatment,” the judges wrote in their decision. “The consequences that flow from her autonomous decision to refuse the COVID-19 vaccines were not caused by the respondents… It is well understood that a patient’s decisions can result in serious risks or consequences, including death.”Appellant’s lawyer considering Supreme Court appeal
In an emailed statement, the Justice Centre for Constitutional Freedom said it is disappointed in the Court of Appeal’s decision to dismiss Lewis’ case.“We are deeply disappointed with today’s decision. Ms. Lewis has fought against this discriminatory policy not only for herself but for all transplant candidates who are similarly being discriminated against,” said Allison Pejovic, Lewis’ lawyer.
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