Photo: The Canadian Charter of Rights and Freedoms.

Canadian Charter of Rights and Freedom: Judge Rules It’s Not Unconstitutional To Refuse Life-Saving Organ Transplant To Unvaccinated Person

Justice Paul Belzil in the Canadian province of Alberta has ruled that Annette Lewis did not have her rights under the Canadian Charter of Rights and Freedom violated when she was denied an organ transplant because she refused taking the coronavirus vaccine.

Court of Queen’s Bench Justice Belzil said the Canadian Charter of Rights and Freedoms does not apply to the decisions of doctors for organ transplants, despite the transplant being a matter of life and death for Ms Lewis.

Lewis was diagnosed with a chronic progressive disease with no cure in 2018. Doctors have told her she could not receive the life-saving transplant she needs if she does not take the coronavirus vaccine.

“Taking this vaccine offends my conscience,” Lewis said an a sworn affidavit.
“I ought to have the choice about what goes into my body and a life-saving treatment cannot be denied to me because I chose not to take an experimental treatment for a condition — COVID-19 — which I do not have and which I may never have.”

Justice Bezil ruled that Lewis is entitled to decide what she puts in her body.

“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,” the judge said.

“The proposition that treating physicians exercising clinical judgment would be subject to the charter would result in medical chaos with patients seeking endless judicial review of clinical treatment decisions,”

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