(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

87-year-old Lacombe resident ‘Grandpa Bill’ goes viral on TikTok

Bill Clark’s video has had nearly 300,000 views on the platform

Town of Castor to open tenders to replace garbage truck

Council decided to purchase a used rear load garbage truck to replace the existing the one

Only 13 new COVID-19 cases confirmed by Alberta gov’t Saturday

There’s currently only two active cases in province’s central zone

Central Alberta naturalists fear pristine headwaters will be contaminated by coal mine

Chutes of the Ram constitute one of Earth’s ‘most beautiful’ spots

Every Albertan eligible for COVID-19 testing

22 new cases confirmed on Friday

QUIZ: Test your knowledge of the world of summer sports

In a typical year, there are plenty of summer sporting events and tournaments held across Canada

COVID-19 cancelled their wedding plans, so they married on a B.C. mountaintop

Ceremony was live streamed to friends and family around the world

International student worry about pandemic as decisions loom on travel to Canada

Zohra Shahbuddin is weighing whether to enrol this fall or put off coming to Canada until next year

How finding a ministerial home for CMHC caused ‘madness’ in November

The Canada Mortgage and Housing Corp. manages the national housing strategy

‘What do we do now?’ Labour dispute at Regina refinery nears 6 months

About 700 unionized workers were locked out by refinery owner, Federated Co-operatives Ltd., Dec. 5

Police need more than an unverified tip to avoid drug-case entrapment: top court

Police need more than an unverified tip to avoid drug-case entrapment: top court

N.S. police received warnings in 2011 about man who would become mass killer

N.S. police received warnings in 2011 about man who would become mass killer

Trudeau acknowledges ‘anti-black racism’ in U.S., with ‘work to do in Canada’

Trudeau acknowledges ‘anti-black racism’ in U.S., with ‘work to do in Canada’

Want a mask with your Big Mac? Alberta handing out masks at drive-thrus

Want a mask with your Big Mac? Alberta handing out masks at drive-thrus

Most Read