(File photo by THE ASSOCIATED PRESS)

(File photo by THE ASSOCIATED PRESS)

Five moms among challengers to Ontario’s child vaccination law

Non-profit Vaccine Choice Canada claims law breaches right to freedom of conscience and religion

A group that includes five Ontario mothers is challenging the province’s child vaccination law, alleging it violates a number of constitutional rights.

The parents and the non-profit organization Vaccine Choice Canada allege the Immunization of School Pupils Act breaches the rights to freedom of conscience and religion and to liberty and security of the person, among others.

The law states that parents must ensure their children are vaccinated against a certain list of diseases unless they obtain a medical exemption.

Parents can also obtain an exemption if they sign a statement of conscience or religious belief, but as of 2017, they must first attend an information session on vaccination.

Under the law, children whose parents do not comply can be suspended from school on order from a medical officer of health.

The allegations have not been tested in court and the province has not yet filed a statement of defence, but a spokeswoman for Health Minister Christine Elliott said the government is committed to ensuring a strong and effective immunization system.

“The Ministry of Health is continually evaluating the best available evidence to improve the uptake of vaccines, reduce risk of disease outbreaks and achieve better health for all Ontarians,” Hayley Chazan said in an email.

“We’re unable to comment further as this case is currently before the courts.”

READ MORE: Scholars say religious vaccine objections can’t be traced to Biblical sources

The group behind the challenge includes mothers who each have between two and five children, some of whom they allege have been barred from school due to their lack of vaccination.

One of the women, Amanda Moses, says two of her five children have experienced severe reactions to vaccines, prompting her to refuse vaccinations for the others.

Another, Theresa Jay Jean Flynn, says her children have been refused enrolment in school after she declined to sign the statement of conscience or religious belief.

In its statement of claim, the group alleges forcing parents to sign the document amounts to compelled speech and violates their rights by “posing a potential criminal liability.”

They particularly object to a part of the document that lists the dangers of not being vaccinated and tells parents that by signing, they are accepting responsibility for putting their child’s “health and even life at risk.”

The group also alleges the information sessions parents are required to attend if they seek an exemption on conscientious grounds “present a one-sided, distorted view of vaccination, without any information on the risks of vaccination to allow for an informed consent and basis to choose.”

RELATED: B.C. launches mandatory vaccine registry for schoolchildren

It further alleges that students who line up in school to receive vaccines are not told of the risks or screened for the “potential propensity to be injured by vaccines,” contrasting that with the care taken to accommodate deadly food allergies.

“While schools have taken saturated and heightened steps to make their spaces ‘nut-free,’ the risks of vaccines to children, particularly those who are predisposed to injury and death from them, are completely ignored,” the statement of claim reads.

The group, which is planning a rally at the Ontario legislature Tuesday, also says the threat of suspension, expulsion or refusal to enrol children whose parents don’t comply violates children’s right to education.

Paola Loriggio, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A laboratory technician holds a dose of a COVID-19 novel coronavirus vaccine candidate that’s ready for trial on monkeys at the National Primate Research Center of Thailand. (Mladen Antonov - AFP)
Interior Health reports 66 new COVID-19 infections

570 cases are active; 18 in hospital

(File photo)
Okanagan-Shuswap real estate markets not slowing down

Residential sales in the Central, North Okanagan and Shuswap beat last year’s sales by 71 per cent

A crowd of approximately 6,500 packed into Stuart Park in downtown Kelowna to ring in 2018. (Contributed)
Downtown Kelowna New Year’s celebration cancelled

The popular New York New Year’s event has been cancelled due to the COVID-19 pandemic

(Google Maps)
UPDATE: COVID-19 case confirmed at Mar Jok, Rutland Senior Secondary

School District 23 said the individual is now self-isolating

Residents should run their taps until cold before using their water. (Black Press file photo)
Westside water quality advisory back on tap

Leak repair at Westshore Estates affecting some properties, again

(Google Maps)
Osoyoos Credit Union staff member tests positive for COVID-19

The credit union made the announcement Dec. 1

An Enderby restaurant and pub was shut down Sunday afternoon, Nov. 29, 2020 as a precaution after a guest reportedly tested positive for COVID-19. (Howard Johnson photo)
North Okanagan pub reopens after COVID-19 scare

After a guest reportedly tested positive for the virus, staff test results came back negative

Alix Longland
Trauma resources ready for North Okanagan refugees

Family Resource Centre working with UBCO social work grad to reach out to local refugees

Elkhart Gas Station, located on Highway 97C about 60 kilometres west of Peachland, opened in November 2020. (Google maps)
The Okanagan Connector now has a gas station

The highway previously ran for over 117 kilometres without a place to fuel up

The Hughes’ Grinch was stolen from their front yard Wednesday, Dec. 1, 2020. The Santa suit the Grinch is wearing is 50 years old and has sentimental value. It was once worn by April Hughes’ dad. (Hughes photo)
Grinch stolen from Penticton home is ‘irreplaceable’

The Hughes have had a Christmas display for 25 years on Grandy Avenue in Penticton

Midway RCMP’s Cpl. Phil Peters spoke at Greenwood’s city council meeting Monday, Nov. 23. Photo: Laurie Tritschler
B.C. Mountie builds fire to warm suspect with hypothermia prior to rescue

Cpl. Phil Peters said the civilian helped police track, apprehend and eventually rescue the suspect

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Premier John Horgan leaves the podium following his first press conference of the year as he comments on various questions from the media in the Press Gallery at B.C. Legislature in Victoria, B.C., on Monday, January 13, 2020. THE CANADIAN PRESS/Chad Hipolito
Revelstoke COVID-19 cluster linked to non-essential travel: Horgan

There have been 46 cases of COVID-19 in the community

Most Read