Supreme Court of Canada won't hear unvaccinated woman's case for organ donation
The Supreme Court of Canada will not hear the appeal of an Alberta woman who was unwilling to be vaccinated against COVID-19 in order to get a life-saving organ transplant.
Annette Lewis was diagnosed with a terminal disease in 2018 and was told she would not survive unless she received an organ transplant.
She was placed on a transplant wait list in 2020, but was informed a year later she would need to get the COVID-19 vaccine to receive the organ.
Lewis said taking the vaccine would offend her conscience and argued the requirement violated her Charter rights to life, conscience, liberty and security of the person.
"I ought to have the choice about what goes into my body, and a life-saving treatment cannot be denied to me because I chose not to take an experimental treatment for a condition — COVID-19 — which I do not have and which I may never have," Lewis said in an affidavit previously submitted to court.
The case was dismissed by an Alberta court, which said the Charter has no application to clinical treatment decisions, in particular for doctors establishing preconditions for organ transplants.
Justice Paul Belzil ruled that standard of care must be the same for all potential recipients or it could result in "medical chaos."
The Alberta Court of Appeal upheld the decision, prompting Lewis's appeal to the Supreme Court of Canada.
"Ms. Lewis is deeply disappointed that the Supreme Court of Canada decided not to hear her case," Allison Pejovic, Lewis's lawyer, said in a news release from the Justice Centre for Constitutional Freedoms.
"She had hoped that justice would prevail in the courts for herself and other unvaccinated transplant candidates across Canada."
Pejovic said Lewis's constitutional challenge ends with the Supreme Court of Canada's dismissal but she will continue trying to get the life-saving surgery.
Lewis recently filed a separate legal action against Alberta Health Services, an Alberta hospital and the transplant doctors.
There is a publication ban on the doctors' identities, the organ involved and the location of the transplant program.
Lewis is arguing negligence in the decision to remove her from the high-priority transplant list, saying it amounts to medical malpractice.
The Justice Centre for Constitutional Freedoms said Lewis will ask the court at an upcoming injunction hearing to grant an immediate reinstatement to the transplant list pending the result of the court action.
This report by The Canadian Press was first published June 8, 2023.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.