An Ontario judge has sided with a mother who does not want her children vaccinated for COVID-19..On Feb. 18, Justice Alex Pazaratz of the Ontario Superior Court of Justice dismissed the Jan. 25 motion brought forward by the children’s father requesting they be vaccinated for COVID-19. The mother opposed the motion..The children, aged 10 and 12, reside primarily with the mother. The couple divorced in 2014 after seven years of marriage..“I reject the father’s claim that all of the mother’s concerns about COVID vaccines have already been properly considered and disproven, in a process adhering to natural justice, conducted by an appropriate judicial body.”.“The mother shall have sole decision-making authority with respect to the issue of administering COVID vaccines for the children.”.Both parents filed affidavits of evidence to demonstrate their respective positions. As part of his affidavit, the father described the mother as a “People’s Party of Canada founding member,” said she “attended anti-vaccine rallies” and she “refused to follow COVID protocols” including masking..The judge dismissed the father’s attempt to label the mother “as some sort of crazy anti-vaxxer. Nothing could be further from the truth.”.“She is not a bad parent — and no one is a bad citizen — simply by virtue of asking questions of the government.”.He likened the father’s approach to be one “working for politicians … to ridicule and stigmatize your opponent as a person, rather than dealing with the ideas they want to talk about.”.Pazaratz said the resulting polarization has negative consequences for families..“When society demonizes and punishes anyone who disagrees — or even dares to ask really important questions — the resulting polarization, disrespect, and simmering anger can have devastating consequences for the mothers, fathers and children I deal with on a daily basis.”.Calgary lawyer Katherine Kowalchuk represented a father in a similar case in 2021. Alberta Court of Queen’s Bench Justice Johnna C. Kubik ruled in favour of the mother, granting her the right to have the children vaccinated against their father’s wishes..Kowalchuk of Getz Collins and Associates told the Western Standard her client was similarly demonized as a “‘conspiracy theorist,’ or ‘anti vaxxer'” by Kubik..Kowalchuck says Pazaratz's ruling is a “welcomed decision, not only in family law, but with respect to challenges as they relate to these COVID-19 mandates.”.In his ruling, Pazaratz said “emergencies can be used by governments to justify a lot of things that later turn out to be wrong” and referenced residential school abuse, Japanese and Chinese internment camps during the Second World War, and Thalidomide babies as examples..Kowalchuk noted that was an important part of the Pazaratz’s judgement because it points to “various instances in our history, where the government was adamant that they were correct in different policy decisions and recommendations and laws that turned out to be absolutely wrong and incorrect, and not in not in the interests of Canadians.”.“Human beings are fallible and, and we need to remember there are many times in history where we got it wrong and and paid the price,” said Kowalchuk..Pazaratz’s judgement can be read here..Amber Gosselin is a Western Standard reporter..agosselin@westernstandardonline.com
