B.C. Court of Appeal allows mother to vaccinate kids for HPV against dad's wishes

Court allows vaccination

Photo: The Canadian Press

A doctor holds a vial of the human papillomavirus (HPV) vaccine Gardasil in Chicago on Aug. 28, 2006. THE CANADIAN PRESS/AP, Charles Rex Arbogast

The B.C. Court of Appeal has denied a father's bid to prevent his children getting vaccinated against the human papillomavirus.

The court ruling says the father applied in court early last year to stop the children's mother from having them vaccinated, but a judge dismissed the bid and prohibited the father from "speaking to the children about the HPV vaccine."

The father appealed, claiming the lower court judge ignored evidence about the vaccine's risks, violated his freedom of expression and demonstrated bias "against him and his views about the dangers of the HPV vaccine."

But a three-judge panel has dismissed the appeal, finding the original judge hadn't "cherry-picked" evidence by giving preference to the mother's submissions from Canadian public health authorities over the father's material from U.S. lawsuits about vaccines.

The ruling also rejects the claim that the original judge showed bias by saying the father tried to "indoctrinate" the children by showing them "disturbing videos and telling them that the vaccine will kill them."

The appeal ruling says the lower court judge correctly ruled in the "best interests of the children" by allowing the mother — who is separated from the father — to immunize the children when she deems appropriate.