Parents who are not necessarily “anti-vaxxers” may feel some reluctance to vaccinate their children with the Covid-19 vaccine once it becomes available. Be aware, the Court has already sent a strong message that such reluctance is unlikely to be tolerated once a vaccine is available.
In Tarkowski v. Lemieux, 2020 ONCJ 280 (CanLII), Justice Jones reviews this novel issue. Notably, the decision was released in June 2020, thereby, making it clear that the Court is taking proactive steps to provide guidance with the hope of easing future conflict once the vaccine becomes available.
In Tarkowski, the mother was granted sole custody and primary residence, however, the father was granted final decision-making power on the issue of whether the child should receive vaccinations, including the Covid-19 vaccine. The Court considered the mother’s history of refusing to vaccinate the child in deciding that the father would have unilateral power to consent to the child being vaccinated against Covid-19.
The Court in Tarkowski relied on the previous decision, C.M.G. v D.W.S., [2015] O.J. No. 1840 (S.C.J.) which canvassed the societal value of vaccines as an incident of custody and access. After hearing expert medical evidence and reviewing the relevant legislation, Justice Harper in C.M.G. opined:
“I find there is sufficient evidence on the balance of probabilities that the child in this case should be vaccinated in her best interests. Public policy as expressed by the Ontario and Canadian governments supports vaccination as essential to the health of children and the public in general. The World Health Organization promotes vaccinations for the same purposes as a matter of public health and safety.”
The Court in Tarkowski acknowledged that the novel Covid-19 vaccine may pose some risks and as such, recommended that the parents meet with the child’s doctor to discuss the vaccination. However, in the event the mother refuses to attend the meeting with the father and the doctor, or refuses to consent to the child being vaccinated, the Court granted the father the final decision-making power to consent to the vaccination.
As the issue of whether to vaccinate a child against Covid-19 is likely to remain a hot button topic, it is imperative that Parenting Plans and Minutes of Settlement address this issue today. If the issue is a source of high conflict between the parents, it may be appropriate to designate one parent to make the final call. The lawyers at Goodman Halioua LLP would be pleased to review and provide guidance on any parenting issues you may be experiencing.
