In the Court of Appeal of Alberta Restriction Publication

[3] In an effort to remain active on the transplant waitlist without having to be vaccinated against COVID-19, Ms Lewis sought, among other things, a declaration that the COVID-19 vaccine requirement is of no force or effect because it violates her Charter rights — specifically, freedom of conscience under s 2(a), the right to life, liberty and security of the person under s 7, and the right to eq. [...] [23] Ms Lewis concedes the question is not the nature of the entity performing the impugned act that determines Charter applicability in this case; rather, it is the nature of the activity. [...] Section 7 of the Charter [41] Section 7 of the Charter provides that “[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”. [...] In this case, the Charter does not apply to the respondents’ exercise of clinical judgments in formulating pre-conditions to [organ] transplant, including requiring vaccination against COVID-19 in the wake of the pandemic. [...] In the circumstances of this appeal, while Ms Lewis has the right to refuse to be vaccinated against COVID- 19, the Charter cannot remediate the consequences of her choice.