Supreme Court won’t hear case of dying, unvaccinated woman requiring organ transplant
Supreme Court won’t hear case of dying, unvaccinated woman requiring organ transplant

The Supreme Court of Canada will not hear the case of a dying, unvaccinated woman who’s been denied an organ transplant. 

Sheila Annette Lewis is dying of a terminal illness. She was removed from the top of the organ donor transplant list after refusing to be vaccinated against Covid-19.

Lewis said the Supreme Court owes her an answer as to why it won’t hear her case. 

“This is the highest court in Canada that doesn’t want to do right by the people of Canada,” she said in an interview with Rebel News. 

Lewis was unsuccessful at both the Alberta Court of Queen’s Bench and the Alberta Court of Appeal in 2022, with both levels of court finding that the Canadian Charter of Rights and Freedoms does not apply to the Covid-19 vaccine policies of Alberta Health Services (AHS), the Alberta Hospital where she would receive her transplant, or her transplant doctors. Both courts also dismissed her claims under The Alberta Bill of Rights.

In a November ruling, the appeal court acknowledged it’s a “virtual certainty” Lewis will die without an organ transplant. 

In January, Lewis filed a court application asking the Supreme Court of Canada to hear her case against Alberta Health Services. In March, she provided her Alberta Transplant Program doctors with a privately funded medical report, known as the Kinexus Report, establishing her natural immunity to Covid-19. 

Lewis has now filed a new negligence claim against AHS and awaits a court date. 

“I’m not going to go away,” she said. “I have to fight for my life.” 

“I don’t want to die. I’m 58 years old and I have reason to live. I have grandchildren and I have children.” 

Speaking to Rebel News, Lewis also wondered why Alberta Premier Danielle Smith and her newly appointed cabinet ministers, including Health Minister Adriana LaGrange, aren’t stepping in.

Smith has long spoken about the discrimination unvaccinated Canadians faced during the pandemic, as they were barred from restaurants, movie theatres, gyms, and, in Lewis’ case, a life saving organ transplant. 

But, during the recent provincial election campaign, Smith said she would leave the complicated decision of organ transplants up to the experts. 

“I’ll defer to the experts on that,” she said in May.

In November, the Health minister’s office said transplant programs are obligated to do all they can to ensure the best possible outcomes of a donated organ. Patients awaiting treatment are required to be vaccinated against infections like diphtheria, tetanus, polio, pneumococcal pneumonia, meningitis, influenza, Covid-19 and more, the office said. 

The former Alberta Health minister, Jason Copping, lost his seat in the May 29th election. 

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