Alberta judge grants mother right to vaccinate immunocompromised son over father's objections

An Alberta mother was granted control of all medical decisions for her immunocompromised child after the child's father refused to allow the nine-year-old boy to be vaccinated against COVID-19. 

Edmonton Court of Queen's Bench Justice Anna Loparco ruled last month that the mother would have sole decision-making authority with respect to the child's medical needs, and found that the father's objections were founded in conspiracy theories and medical misinformation.

In written reasons for her decision published Friday, Loparco wrote that the boy has asthma, and was diagnosed with B-Cell Acute lymphoblastic leukemia in 2019. He was declared to be in remission, but to prevent a relapse, his treatment is expected to continue until September 2022.

He takes a daily oral chemotherapy pill, and must attend the cancer clinic every 12 weeks for outpatient treatment. 

At first, both parents co-operated in the boy's cancer treatments, but things changed in February 2021. 

"The mother deposed that the father advised her that he felt cancer was fake and just a way for the government and pharmaceutical companies to make money," Loparco wrote, adding that the father didn't want to give the child  chemotherapy pills, and wanted to consult a naturopath instead. 

The names of the parents and the child were removed from the decision in order to protect their privacy. 

Loparco first heard an application to strip the father of his decision-making power in April 2021.

At that point, the father had a lawyer and agreed to comply with the child's medical plan so Loparco allowed him to continue to have joint-decision making power and one week on, one week off joint custody.

In late December 2021, the mother filed an emergency application, once again seeking sole decision-making power after the father refused to allow the child to be vaccinated against COVID-19 despite his doctors advising that he get it.

He also failed to take the boy to an appointment, and told the clinic the child doesn't need to be seen.

At a hearing in mid-January the father, who represented himself, said he believes COVID-19 is fake, and challenged the expertise of his son's doctors.

Court also heard the father shared his belief that vaccine is not safe with his son, who now does not want to be immunized.

The father submitted a number of articles to the court to support his argument, but Loparco found they were unreliable.