Alberta: The Justice Centre is disappointed that the Alberta Court of Appeal decided that the Canadian Charter of Rights and Freedoms does not apply to Alberta Health Services' and Alberta transplant doctors' Covid-19 vaccine policy for transplant candidates. Sheila Annette Lewis challenged AHS' and her transplant doctors' Covid-19 vaccine policy which required her to receive the Covid-19 vaccines before she could receive a life-saving transplant.

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.