Teens as young as 13 can consent to or refuse vaccinations in Sask. with conditions

Teenagers don’t necessarily need to have the consent of their parent or guardian if they want to get any vaccination, including the COVID-19 vaccine.

According to the Ministry of Health, those aged 13 and older can legally consent to, refuse or revoke immunizations on their own behalf if they demonstrate the capability to understand the information regarding the vaccine.

When it comes to school-based vaccine programs, the ministry’s Jennifer Graham says efforts have to first be made to get consent from a parent or a representative. However, if a student still wants to get the shot without that consent, then “it is the health-care provider’s professional responsibility to inform them about a mature minor’s right to provide consent on their own behalf.”

As well, students whose parents do give consent can also refuse their immunizations, but a public health nurse must notify the parents and document the refusal.

Saskatoon family lawyer Mark Vanstone says while he hasn’t had direct experience with any cases going to court in Saskatchewan over vaccines, there have been some prominent cases where a child’s parents might object to a lifesaving medical treatment on the grounds of religious reasons.

“Our superior court has inherent jurisdiction to protect the best interests of children in the province,” he said.

“And they will be asked to decide … whether a blood transfusion, for example, is lifesaving and necessary and to be administered even against the wishes of the parents where the life of the child hangs in the balance.”

He says there’s probably a lot that can be said about whether a COVID vaccine is directly comparable to a blood transfusion, but it’s one way of looking at the situation.

Vanstone adds there can be some very difficult choices involved for sincere and well-intentioned parents who may not have the correct information.

“At the end of the day, if there’s a threat to the life of a child that is not being properly handled by the parents, there is a role for the court to intervene,” he said.

He says that some older children or teenagers might be able to reach out to teachers, counsellors or even the provincial children’s advocate if they’re at odds with the beliefs of their parent or caregiver.

Teenagers 16 and over will become eligible for a COVID-19 first dose vaccine on Tuesday, while those between the ages of 12 and 15 will become eligible next Thursday.