What Parents Should Know Before Objecting to Their Child’s COVID Vaccine
As vaccines roll out across the province, Ontarians are becoming eligible for the COVID vaccines at younger and younger ages. Currently, the major manufacturers of these vaccines have either undergone or are undergoing studies on their vaccines’ efficacy and safety for children. And many health experts are already forecasting that COVID vaccines for children will be widely available soon.
This has naturally been met with mixed reactions from parents. While some parents welcome the opportunity to have their children vaccinated against the virus, others have concerns about whether it’s necessary or even safe. So what might happen if a parent were to object to their child’s vaccination – particularly if these vaccines become mandated for school attendance? Or what happens if you are at odds with your child’s co-parent about whether the child should receive the vaccination?
Childhood Vaccinations and Case Law
According to Ontario case law, disputes between parents and school boards over vaccinations may be instructive. Historically the court system has been in favour of children getting vaccinated unless it can be shown that doing so is not in the best interest of the child.
Currently Health Canada has approved the use of four COVID vaccines for adults including: Pfizer, Moderna, Astra Zeneca, and Johnson and Johnson. Since the vaccines have not yet been approved for children, it is uncertain as to whether the court system will treat COVID vaccines any differently than the already approved childhood vaccines.
Another complicating factor is that there is no case law specific to a pandemic.
For now, however, it is reasonable to assume that general case law will apply, in which case the courts will generally be in favour vaccinations unless the opposing parent can demonstrate that this particular vaccination is not in the best interest of the child.
Situations in which the COVID vaccine is not in the best interests of the child would include factors such as an allergy to one or more of the ingredients in the vaccine or a previous bad reaction to another vaccine.
Courts might also consider the threat to public health if the child is unvaccinated. Since children typically have only shown mild symptoms or have been asymptomatic, the courts might also consider the risk of them unwittingly spreading the virus.
Online vs. In-Person Schooling
In Court decisions concerning whether a child’s schooling will be online or in-person, Courts will also have to consider what is in the best interests of the child. In these matters, they will typically rely on COVID public health guidelines.
Contact Fine and Associates today
If you find yourself in disagreement with a school board or with a co-parent about your child’s COVID vaccination and would like expert advice from one of our family lawyers in Toronto, contact Fine and Associates today.