Banned from taking his 10-year-old son to an anti-sanitary measures demonstration

A judge bans a father from taking his 10-year-old child to anti-sanitary measures demonstrations. She has ruled that it is not in her interest to be exposed to the words and risks of violence associated with participating in such demonstrations.

He had notably demonstrated in Ottawa with his son against the sanitary measures imposed because of the pandemic of COVID-19.

The case ended up in court because the mother wanted to prevent her from dragging their child there, but also because she wanted to have him vaccinated against COVID-19, despite the opposition of the father.

He argued that the child does not need to be vaccinated because he is of the opinion that his immune system protects him adequately. As for the demonstrations – the only place to defend his rights and to express himself freely, he says – he considers that there are no risks for the child.

When he took him to Ottawa, everything was peaceful and the child would not be at risk. If the demonstration had degenerated, he would have left with his toddler, he pleaded before Judge Nathalie Pelletier of the Superior Court. He says he wants to pass on his values ​​to his child, such as freedom of expression and the right to make his own choices, and believes that he had an enriching experience there.

With regard to vaccination, the judge authorized, in a judgment rendered last week, the mother to have him vaccinated, following the recommendations of Public Health, as have all Quebec judges faced with such a disagreement between parents.

For Judge Pelletier, it is of judicial knowledge (and these facts therefore do not have to be proven) that during these demonstrations, “the comments made by the participants are hardly laudatory against the government and that, in on the other hand, there is a serious risk that it can escalate quickly. »

The mother rightly fears that the toddler will be exposed to physical or verbal violence.

The father does not deny that the child was exposed to such remarks and that there is a risk of violence, reports the magistrate. She thinks the father clears himself by saying he can’t control what other people say.

Given all this context, Judge Pelletier specifically prohibits the child from being taken to anti-sanitary measures demonstrations – without prohibiting his presence at any type of demonstration.

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