Annette Lewis, an Alberta woman denied life-saving treatment for refusing the COVID-19 vaccine, has filed an appeal of the court's decision. .The 57-year-old grandmother was diagnosed with a terminal disease in 2018 and will die without an organ transplant. Although she was deemed an ideal candidate for the procedure, she was rejected by a team of Alberta Health Services (AHS) doctors due to her vaccination status. .In the appeal, Lewis contends the judge erred in his ruling that AHS is not subject to Charter scrutiny, and failed to consider the transplant program is a "government healthcare scheme" and "must comply with the Charter.".The claim also said the judge erred "in finding that the Alberta Bill of Rights did not apply" to Lewis' case, as well as erred "by stating that there was overwhelming evidence that the COVID-19 vaccines are safe and effective." .Lewis was advised in March 2021 she would require the COVID-19 vaccine in order to receive the transplant. .Lewis, with the help of the Justice Centre for Constitutional Freedoms (JCCF), in December 2021 successfully sought an injunction to Lewis being removed from the transplant list until the case could be heard in court, claiming it was a violation of her Charter rights. .READ MORE: Alberta doctors temporarily lift COVID vax requirement for dying patient.At that time, a Consent Order was entered stating, “until the injunction is argued in court and the judge renders a decision, Ms. Lewis will not be taken off the transplant list, and the physicians in the [program] will not deny her a transplant solely because she has not received the COVID-19 vaccine.”."The [team] requires candidates be as medically optimized as possible for a successful [organ] transplant," said one of the doctors — recognized as doctor "A" in the affidavit..It has long been expected that organ transplant recipients have all their childhood vaccinations to ensure they are in optimal health before a procedure. It was only recently that the COVID-19 vaccination was added to that list. .In July, Lewis was informed the court had ruled against her. .READ MORE: Alberta judge rules doctors OK to drop unvaxxed patient from transplant waitlist.After reviewing both arguments along with each party's supplemental evidence, Justice R. Paul Belzil ruled the Charter has "no application to clinical treatment decisions made by treating physicians" and Lewis' application was dismissed..The Western Standard spoke with Lewis, JCCF lawyer Allison Pejovic, and Alberta pediatric neurologist Dr. Eric Payne regarding the courts decision and whether she will appeal. .READ MORE: WATCH: Alberta lawyer, doctor, unvaxxed patient discuss withholding of life-saving transplant.Pejovic said the ruling is "heartbreaking" and shared her thoughts on the legal side of the case. At the time, she indicated the JCCF was still reviewing the ruling and would decide whether she and her client would appeal the ruling. .Payne said as the science around the efficacy of the COVID-19 vaccines is evolving, especially with the emerging new variants, so must the decisions around making the vaccines a requirement for situations such as the one Sheila is facing..More to come...
