Annette Lewis, who was diagnosed with a fatal condition in 2018, filed a legal challenge against Alberta Health Services, a hospital and doctors, arguing that having to take the COVID-19 vaccine to receive the transplant violated her Charter rights
Requiring an organ transplant candidate to be vaccinated against COVID-19 is not unconstitutional, ruled an Alberta judge who says changing rules for such a significant procedure would result in “medical chaos.”
“I accept without hesitation that her concerns about the safety and efficacy of COVID-19 vaccines are genuine and deeply rooted,” wrote Justice Belzil. “I do not accept, however, that her beliefs and desire to protect her bodily integrity entitle her to impact the rights of other patients or the integrity of the [transplant program] generally.”
But in March of last year, she refused to take the COVID-19 vaccine. All other preconditions for a transplant have been fulfilled. In a sworn affidavit, Ms. Lewis said taking the COVID-19 vaccine offends her conscience and amounts to medical coercion. Defendants filed evidence on the efficacy of COVID-19 vaccines and explained the rationale for vaccination and how the organ donation program works. The program serves patients in Alberta, Saskatchewan, Manitoba, eastern British Columbia, Northwest Territories and parts of Nunavut. It was noted that organ donations are scarce and people in need of transplants are at high-risk of death both before and after surgery.