Case information

Charter of Rights — Right to life, liberty and security of person — Right to equality — Freedom of conscience — Human rights — Alberta Bill of Rights — Patient in organ transplant program unable to obtain transplant as a result of numerous factors, including refusal to be vaccinated against COVID-19 — Whether transplant physicians’ mandatory vaccine requirements, within provincial transplant programs, immune from scrutiny under Charter and provincial bills of rights legislation — Whether provincial government mandatory vaccine requirements for transplant candidates, which mirror policies of physicians within a government transplant program, immune from scrutiny under Charter and provincial bills of rights legislation — Whether forcing transplant candidate to take COVID-19 vaccine, as a precondition for life-saving transplant amounts to justifiable violation of Charter-protected freedom of conscience, rights to life, liberty and security of person, or rights to liberty and security under Alberta Bill of Rights

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The applicant suffers from an idiopathic condition which is progressive and debilitating and now requires an organ transplant. She is a patient in the organ transplant program, at the respondent ABC Hospital, but has been unable to obtain a transplant as a result of numerous factors, including that she refuses to be vaccinated against COVID-19. Subject to a demonstrated medical exemption, it is mandatory that patients receive the vaccine prior to transplantation, with the result that the applicant is currently inactive on the program waitlist.

In an effort to remain active on the transplant waitlist without having to be vaccinated against COVID-19, the applicant sought a declaration, among other things, that the COVID-19 vaccine requirement is of no force or effect because it violates her Charter rights, specifically freedom of conscience under s. 2(a); the right to life, liberty and security of the person under s. 7; and the right to equality under s. 15.

The application was dismissed by the chambers judge. The subsequent appeal to the Court of Appeal was dismissed.