Alberta court The appeals court upheld the requirement that eligible transplant recipients be vaccinated against COVID-19, saying the provision did not violate the charter rights of women who refused vaccination.
Annette Lewis filed a legal challenge against Alberta Earlier this year, she turned to health services, doctors and hospitals after she did not want vaccinations and was unable to receive a life-saving organ transplant.
“Getting vaccinated against COVID-19 is a necessary component of appropriate medical care for individuals, including Lewis, seeking a (organ) transplant,” it said. court The Court of Appeals ruled on Tuesday.
Publication of physician identities, organs involved, and locations of transplant programs is prohibited.
Lewis was diagnosed with a terminal illness in 2018 and told he would not survive without an organ transplant.
She was placed on a waiting list for a transplant in 2020, but was informed a year later that she would need to be vaccinated against COVID-19 to receive an organ.
“It hurts my conscience to get this vaccine,” Lewis said in an affidavit filed with the United States. court.
“I should be able to choose what I put in my body and I cannot deny myself life-saving treatments because I have chosen not to undergo an experimental treatment for the condition COVID-19. COVID-19 is a disease I don’t have and may never get.
Lewis argued that the vaccine requirement violated her charter rights to a person’s life, conscience, liberty, and safety.
the lawsuit was dismissed in court Earlier this year, Judge Paul Vergil ruled that the standard of care should be the same for all potential recipients. Belzil said the charter does not apply to clinical treatment decisions, in particular to physicians establishing preconditions for organ transplantation.
of court The appeals court agreed with Belzil, ruling that the COVID-19 vaccine is part of the treatment for people seeking organ transplants.
The ruling said Lewis’ charter rights had not been violated. Patient decisions can lead to serious risks and consequences, including death, but they are not caused by health care providers.
Alison Pejovic, Lewis’ attorney, said in a news release from the Justice Center for Constitutional Freedom, “I am very disappointed with today’s decision.
“MS. Lewis has fought this discriminatory policy not only for herself, but for all equally discriminated transplant candidates.”
Pejovic said the group is reviewing the decision and will consider appealing to the Supreme Court. court Canada’s.
of AlbertaThe legal advocacy group, based in , has represented individuals, organizations and churches challenging COVID-19 public health orders and decisions across the country.