A recent decision by Alberta Queen’s Bench Justice R.P. Belzil ruled that a transplant recipient must have a Covid 19 vaccine to receive a lifesaving organ transplant. Justice Belzil in his ruling stated that while the Charter applies to Alberta Health Services (AHS), in this case the proposed AHS policy and treating physicians are exercising clinical judgement.

This ruling is extremely troublesome as AHS has no written policy regarding transplant procedures which is clearly admitted by Justice Belzil. Even in the face of expert medical testimony to the contrary regarding the patient and the risk, Justice Belzil allowed the transplant team to deny the patient the operation.

Even if the Charter is being ignored, Bill 201- Alberta Patient’s Bill of Rights should have come into play. This decision is not based on patients’ rights or medical science but on the Physicians personal opinions of the Covid 19 vaccine. Does this also mean that going forward a patient no longer will receive health services without discrimination?

The Justice Centre for Constitutional Freedoms (JCCF)  is reviewing the court’s decision regarding an appeal. The decision by Justice Belzil is a dangerous precedent, one that cannot be allowed to stand. It erodes not only the Charter but also individual rights of choice.

To read the JCCF article, click here