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Canadian Judge Rules Vaccinations Not Essential in Family Court Case

Posted Dec 09 2010 12:00am

Legals You can comment at the Calgary Sun HERE.

Vaccinations aren’t “essential” medical treatments, a family court judge has ruled in refusing a Child Welfare request to order inoculations for four kids.

Judge Stephen Lipton, in a written decision released Thursday, said while the vaccinations are preferable, it wasn’t in his power to order them.

Child Welfare had applied for a ruling to have the siblings immunized despite their parents’ decision not to allow the treatment.

But Lipton said the four children, ranging in age from one to 12, weren’t at any present risk so no court intervention was warranted.

“I find that on the facts of this case the vaccinations proposed by the caseworker don’t fall within the definition of ‘essential’ (in the legislation),” Lipton said. “The children are healthy and none of them are at imminent risk of serious harm.”

Lipton noted the dangers of not getting immunized would expose the children to the risk of contracting illnesses which could cause brain injury or death.

The mother refused allowing vaccines for her children while the father suggested herbal medicines would be effective. Contact the journalist here kevin.martin@sunmedia.ca

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