A woman suing Alberta Health Services (AHS) for denying her life-saving organ transplant due to her COVID-19 vaccination status lost her appeal for a second time. .The Tuesday ruling by the Alberta Court of Appeal will uphold the earlier lower court ruling that removed Sheila Annette Lewis from the waitlist for an organ transplant due to her refusal to get the COVID-19 vaccine. .READ MORE: Alberta judge rules doctors OK to drop unvaxxed patient from transplant waitlist.The 57-year-old grandmother requires an organ transplant after being diagnosed with a terminal disease in 2018. She was told she would not survive unless she received the procedure, but needed to be fully vaccinated for COVID-19 to qualify. .The doctors she's suing are a team of specialists who would oversee Lewis' transplant at an Alberta hospital, also listed in the lawsuit. Due to a publication ban, the name of the hospital, doctors, or the organ listed as in need of transplant cannot be mentioned..The Justice Centre for Constitutional Freedoms (JCCF) is representing Lewis and said it is disappointed the Alberta Court of Appeal had decided the Canadian Charter of Rights and Freedoms does not apply in Lewis' situation. .“We are deeply disappointed with today’s decision,” said Allison Pejovic, JCCF legal counsel for Ms. Lewis..“Ms. Lewis has fought against this discriminatory policy not only for herself, but for all transplant candidates who are similarly being discriminated against. We will review the decision further and consider an appeal to the Supreme Court of Canada.”.During her appeal hearing on October 20, Lewis argued "the COVID-19 vaccine policy infringed on her Charter-protected rights of conscience, life, liberty, and security of the person, and equality rights," said JCCF in a statement. .She also argued "the lower court erred in its findings the Alberta Bill of Rights did not apply to COVID-19 vaccine policies because the Charter didn't apply," however the Court of Appeal did not make any findings in respect of her argument.."Even though the Court of Appeal agreed with the lower court the Charter did not apply to the policies, it proceeded to issue reasons finding her Charter rights were not infringed," said the JCCF. ."Unlike other cases, with say, property rights or contracts or divorce, this client made a decision not to receive the COVID-19 vaccine, and because of that decision, it will result in the loss of her life," Pejovic told the Western Standard. ."This has been very difficult for her and sets a precedent for other transplant candidates." .Pejovic said the JCCF has "dozens of transplant candidates writing to us from all over the country" worried about a similar fate. .The JCCF said Lewis filed several expert reports from an award-winning immunologist, and a viral immunologist who is also a vaccinologist. ."These reports showed the COVID-19 vaccines are still in clinical trials to assess their safety and efficacy, that they are not effective, and that they have a concerning safety profile," said the JCCF. ."She also filed an expert report from a surgeon with a master’s degree in Health Care Ethics. This surgeon said the benefit of vaccination for Ms. Lewis was so small it was unethical to require her to get the COVID-19 vaccine prior to her transplant.".As for next steps, Pejovic said the JCCF on behalf of Lewis would have to apply for leave to appeal to the Supreme Court of Canada which is "not automatic." ."You have to ask for leave to appeal and not all are accepted. You have to demonstrate to the Supreme Court the case at hand is of national importance." .Pejovic said as Lewis' "condition is worsening every day" there is no time to delay and the JCCF will review the ruling and make a recommendation to Lewis in short order. ."Ms. Lewis is extremely courageous and brave and is standing tall on her principles," said Pejovic. ."She has taken on the fight against these vaccine mandates because she believes it's wrong. It's a rare person that will do that. I have a lot of respect for her." .Pejovic, Lewis, and Dr. Eric Payne, a pediatric neurologist and clinical assistant professor with a master's degree in public health from Harvard, spoke with the Western Standard in July to discuss the lower court ruling. .READ MORE: WATCH: Alberta lawyer, doctor, unvaxxed patient discuss withholding of life-saving transplant
A woman suing Alberta Health Services (AHS) for denying her life-saving organ transplant due to her COVID-19 vaccination status lost her appeal for a second time. .The Tuesday ruling by the Alberta Court of Appeal will uphold the earlier lower court ruling that removed Sheila Annette Lewis from the waitlist for an organ transplant due to her refusal to get the COVID-19 vaccine. .READ MORE: Alberta judge rules doctors OK to drop unvaxxed patient from transplant waitlist.The 57-year-old grandmother requires an organ transplant after being diagnosed with a terminal disease in 2018. She was told she would not survive unless she received the procedure, but needed to be fully vaccinated for COVID-19 to qualify. .The doctors she's suing are a team of specialists who would oversee Lewis' transplant at an Alberta hospital, also listed in the lawsuit. Due to a publication ban, the name of the hospital, doctors, or the organ listed as in need of transplant cannot be mentioned..The Justice Centre for Constitutional Freedoms (JCCF) is representing Lewis and said it is disappointed the Alberta Court of Appeal had decided the Canadian Charter of Rights and Freedoms does not apply in Lewis' situation. .“We are deeply disappointed with today’s decision,” said Allison Pejovic, JCCF legal counsel for Ms. Lewis..“Ms. Lewis has fought against this discriminatory policy not only for herself, but for all transplant candidates who are similarly being discriminated against. We will review the decision further and consider an appeal to the Supreme Court of Canada.”.During her appeal hearing on October 20, Lewis argued "the COVID-19 vaccine policy infringed on her Charter-protected rights of conscience, life, liberty, and security of the person, and equality rights," said JCCF in a statement. .She also argued "the lower court erred in its findings the Alberta Bill of Rights did not apply to COVID-19 vaccine policies because the Charter didn't apply," however the Court of Appeal did not make any findings in respect of her argument.."Even though the Court of Appeal agreed with the lower court the Charter did not apply to the policies, it proceeded to issue reasons finding her Charter rights were not infringed," said the JCCF. ."Unlike other cases, with say, property rights or contracts or divorce, this client made a decision not to receive the COVID-19 vaccine, and because of that decision, it will result in the loss of her life," Pejovic told the Western Standard. ."This has been very difficult for her and sets a precedent for other transplant candidates." .Pejovic said the JCCF has "dozens of transplant candidates writing to us from all over the country" worried about a similar fate. .The JCCF said Lewis filed several expert reports from an award-winning immunologist, and a viral immunologist who is also a vaccinologist. ."These reports showed the COVID-19 vaccines are still in clinical trials to assess their safety and efficacy, that they are not effective, and that they have a concerning safety profile," said the JCCF. ."She also filed an expert report from a surgeon with a master’s degree in Health Care Ethics. This surgeon said the benefit of vaccination for Ms. Lewis was so small it was unethical to require her to get the COVID-19 vaccine prior to her transplant.".As for next steps, Pejovic said the JCCF on behalf of Lewis would have to apply for leave to appeal to the Supreme Court of Canada which is "not automatic." ."You have to ask for leave to appeal and not all are accepted. You have to demonstrate to the Supreme Court the case at hand is of national importance." .Pejovic said as Lewis' "condition is worsening every day" there is no time to delay and the JCCF will review the ruling and make a recommendation to Lewis in short order. ."Ms. Lewis is extremely courageous and brave and is standing tall on her principles," said Pejovic. ."She has taken on the fight against these vaccine mandates because she believes it's wrong. It's a rare person that will do that. I have a lot of respect for her." .Pejovic, Lewis, and Dr. Eric Payne, a pediatric neurologist and clinical assistant professor with a master's degree in public health from Harvard, spoke with the Western Standard in July to discuss the lower court ruling. .READ MORE: WATCH: Alberta lawyer, doctor, unvaxxed patient discuss withholding of life-saving transplant
