Alberta Court of Appeal dismisses case of unvaccinated organ transplant candidate

The discrimination against the unvaccinated continues as Sheila Annette Lewis is still in need of a life-saving transplant, but can't get one because she didn't take the COVID vaccine.

Alberta Court of Appeal dismisses case of unvaccinated organ transplant candidate
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Earlier this year, Rebel News interviewed Sheila Annette Lewis, a woman who was being refused a life-saving organ transplant because she is unvaccinated. Unfortunately, this situation hasn’t changed. 

Today, The Justice Centre of Constitutional Freedoms noted in a news release that the Alberta court of appeal is upholding its COVID vaccine requirement for its transplant candidates; dismissing Lewis' case.

The news release read: 

The appeal was heard on Thursday, October 20, 2022, by video-conference. Ms. Lewis argued that the Covid-19 vaccine policy infringed on her Charter-protected rights of conscience, life, liberty and security of the person, and equality rights. 

Even though the Court of Appeal agreed with the lower court that the Charter did not apply to the policies, it proceeded to issue reasons finding that her Charter rights were not infringed. 

Ms. Lewis also argued that the lower court erred in its finding that the Alberta Bill of Rights did not apply to Covid-19 vaccine policies because the Charter didn’t apply. The Court of Appeal did not deal with this ground of appeal or make any findings in respect of it. 

This case is under a publication ban. Due to a Court Order, the Justice Centre may not reveal the names of the doctors, the hospital, the city where the transplant program is located, or the name of the organ that Ms. Lewis needs for life-saving surgery.

Lewis was diagnosed with a terminal disease in 2018 and was told she would not survive unless she received an organ transplant.

Lewis had said that she would "die without a transplant," and asked that the Alberta Court of Appeal see that COVID vaccine requirements is a "definitive violation of (her) fundamental freedom of conscience and rights to life."

Even recently, new premier of Alberta, Danielle Smith publicly said she was "deeply sorry for anyone who was inappropriately subjected to discrimination as a result of their vaccine status."

"We are deeply disappointed with today’s decision," said Lewis' lawyer, Allison Pejovic.

"Ms. Lewis has fought against this discriminatory policy not only for herself, but for all transplant candidates who are similarly being discriminated against," Pejovic added. "We will review the decision further and consider an appeal to the Supreme Court of Canada."

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