Annette Lewis went to court seeking to preserve her spot on an Edmonton-based transplant program’s wait-list after doctors told her she would not be eligible because she is not immunized against COVID-19.

In a decision filed Tuesday, Court of Queen’s Bench Justice Paul Belzil dismissed Lewis’s argument that her charter rights had been violated.

He ruled the charter has no application to clinical treatment decisions and, in particular, has no application to doctors establishing criteria for organ transplantation. There is a publication ban on identifying the specific organ.

Lewis was diagnosed in 2018 with a chronic, progressive disease with no cure.

https://www.cbc.ca/news/canada/edmonton/covid-19-vaccine-transplant-charter-rights-1.6518642