Quebec mother can have child vaccinated despite father’s opposition, judge rules

The judge ruled it’s in the boy’s best interest to get vaccinated, noting he’s starting high school amid the pandemic’s fourth wave.

Author of the article:

Jesse Feith • Montreal Gazette

A judge has determined it’s in a child’s interest to be vaccinated even though the father objects. Photo by Dave Sidaway /Montreal Gazette files

A Superior Court judge has authorized a Quebec mother to have her 12-year-old son vaccinated against COVID-19 despite the boy’s father being against the idea.

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In a decision issued on Aug. 27, Judge Aline U.K. Quach ruled it’s in the boy’s best interest to be vaccinated as soon a possible, noting he’s starting high school while the pandemic’s fourth wave hits Quebec.

The father in the case had refused to have the boy vaccinated because he believes the COVID-19 vaccines are “experimental” and could cause his son to have severe side effects.

He also argued the boy doesn’t need the vaccine because he already has antibodies, claiming he became sick once his mother got vaccinated. The mother denied ever being sick with COVID-19 and the judge rejected the argument.

“Presently, a fourth wave of COVID-19 is hitting the province because of the Delta variant. Children attending school, teenagers in high school and students in CEGEPs and universities are at risk,” the ruling says. “The government urges citizens ages 12 years and over to get their two doses of vaccine against COVID-19.”

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As part of the proceedings, the parents were asked to consult with the boy’s pediatrician, who approved of him being vaccinated and said he recommends the vaccine for all his patients.

The father had tried to have a doctor from Texas testify in the matter as an expert witness, but Quach rejected the request. The doctor in question never met the child, she ruled, and is known for making “inaccurate claims on COVID-19 vaccine safety.”

The court also heard from a lawyer representing the boy in the case. He said the 12-year-old wants to get vaccinated in order to be able to participate in sports at school and to “see his grandparents safely.”

“Although the child’s desire cannot be considered as decisive in the present matter (only a minor aged 14 years and over may give his consent to care alone),” Quach ruled, “the court notes that the child’s wish is serious and well-reasoned.”

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In the end, Quach authorized the mother to allow the boy to receive both vaccine doses without his father’s permission.

She also ordered the parents not to discuss the court case with the boy, noting the conflict over whether he should be vaccinated has already caused him anxiety and created tension between him and his father.

jfeith@postmedia.com