“Disagreements between parents about vaccinating children against COVID-19 have been considered by many courts of first instance.
Within limits, I can take judicial notice of some facts related to the issue. I think that I can go as far as to say the following:
a. SARS-CoVi-2 has a low mortality rate, especially in children.
b. The authorized vaccines are generally safe and have a low risk of harmful side effects, especially in children.
c. The vaccines do not prevent infection or transmission, but they reduce the severity of symptoms and the risk of bad outcomes.
In the absence of evidence of any particular vulnerability, whether to the virus or to the vaccine, I would defer to the party who has decision-making authority. I do not think that whether to vaccinate a 12-year-old against COVID-19 is a question that justifies intervention by the court where decision-making authority has already been allocated.
Depending on the child, the question may be determined without reference to parental authority, as it was here in the case of Gabriel. He arranged his own vaccination. The Health Care Consent Act, 1996, S.O. 1996, c.2, Sched. A provides:
4 (1) A person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.
10 (1) A health practitioner who proposes a treatment for a person shall not administer the treatment, and shall take reasonable steps to ensure that it is not administered, unless,
(a) he or she is of the opinion that the person is capable with respect to the treatment, and the person has given consent; or
(b) he or she is of the opinion that the person is incapable with respect to the treatment, and the person’s substitute decision-maker has given consent on the person’s behalf in accordance with this Act.
15 (1) A person may be incapable with respect to some treatments and capable with respect to others.”