Dr. Denis Rancourt has written a report about a recent family law case where the separated parents sought a Court Order regarding which parent should have decision-making authority for COVID-19 genetic vaccination of their two younger children. In his analysis, the Honourable Mr. Justice Pazaratz expressly refused to take judicial notice (i.e., simply accept without evidence) that the vaccines are safe and effective based on information provided by the government. His Honour ruled in favour of the mother whom, he held, provided the more sound parenting decision making in her advocacy for not having the children receive the COVID-19 genetic vaccines at this time. However, the decision was overruled by the Court of Appeal. Dr. Rancourt explains that judicial notice of a fact may not be taken in circumstances where the fact must be proven, particularly for a product whose risks outweigh the benefit for children.
