“All levels of government in Canada have issued health guidelines strongly urging people to become fully vaccinated – to protect themselves and to protect others in the community from contracting COVID-19. Vaccination is now the most important public health measure in fighting the pandemic. All levels of government have placed restrictions on the activities of persons who are unvaccinated to protect the general public – including requiring persons who work for the government to be fully vaccinated.
There is no question that the children are at a higher risk of contracting COVID-19 while in the father’s care because he is unvaccinated and that they have increased exposure to dangerous health consequences that can arise from contracting this virus.
In A.G. v. M.A., 2021 ONCJ 531, a mother sought to suspend the father’s in-person parenting time with their child because the father had only had a single vaccination. Following B.C.J.B. v. E.-R.R.R., 2020 ONCJ 438, (affirmed on appeal, 2021 ONSC 6294), Justice Robert Spence took judicial notice that the harm to a child flowing from contracting a vaccine-preventable disease may include death. He found that the father not being fully vaccinated increased his risk of infection for COVID-19 and potentially exposed his child to an increased risk of infection.
A.G. was followed by this court in L.S. v. M.A.F., 2021 ONCJ 554. The court will follow it again here.”