Skip to content

B.C. judge overrules father's objection to HPV vaccination

B.C. Supreme Court Justice Catherine Murray said the father's attempts to indoctrinate his children were concerning.
VAccinations VCH Aug 202211(2)
A B.C. mother can go ahead and have her children vaccinated against human papillomavirus, a judge has ruled.

A B.C. Supreme Court judge has ruled a mother can go ahead and have her children vaccinated for human papillomavirus (HPV).

Matthew Smith wanted an order from the court to prevent Victoria Draper from doing so for a period of 24 months. The two have an eight-year-old son and a daughter who is turning 12 in early July. The case in question involved the daughter.

“Ms. Draper wants to have A.B. vaccinated for HPV before her 12th birthday as per the recommendation of health authorities in British Columbia,” Justice Catherine Murray said in her June 24 decision.

In fall 2023, the parents were notified by the children’s school that children in the daughter’s grade would be administered the HPV vaccine that year, the ruling said.

“Mr. Smith refused to sign the consent form and informed the school that the child was not to receive the vaccine with her classmates,” Murray said.

Smith said in text messages to Draper that it is “unknown” as to whether the “protection is going to even work” and that the vaccine “causes more harm than good”.

Further, he texted, “There’s a lot of pressure on parents to take these vaccines — just like COVID it’s all about money and commissions. It isn’t about health.”

The ruling noted Smith "appended TikTok videos and articles, the content of which was not shared with the court, but they were obviously against the vaccination." Smith had also suggested awaiting the results of various U.S. lawsuits on the issue.

Draper said the child had been shown videos by her father that were “very scary.”

“Ms. Draper watched the videos and attests that they were inappropriate for children and that they mentioned death and suicide,” the judge said. “Further, Ms. Draper says that (the child) told her that Mr. Smith said that she would die if she got the vaccine.”

Draper produced reports from the Canadian Cancer Society, the Canadian Partnership Against Cancer, Fraser Health Authority, the Centre for Disease Control and Prevention, the Public Health Agency of Canada and Immunize BC. The reports detailed 16 reasons for having the vaccination.

“The publications filed by Ms. Draper make clear that health authorities/experts in Canada favour the HPV vaccine and recommend that it be administered to pre-teens,” Murray said, adding she accepted the health authorities' advice tendered by the mother.

“Having considered all of the evidence and the submissions, I am satisfied that Mr. Smith’s wait-and-see approach is not in the best interests of the children,” the judge said.

Murray authorized Draper to have the children vaccinated against HPV.

“She may take such other steps that she deems necessary to prepare the children physically and/or emotionally for the HPV vaccine,” Murray said. “She has sole decision-making authority regarding any and all decisions relating to the HPV vaccination and/or treatment.”

Moreover, she said, “I am concerned about Mr. Smith showing the children disturbing videos and telling them that the vaccine will kill them in an effort to indoctrinate them into his way of thinking.”

As such, she made orders prohibiting Smith or any third party on his behalf from speaking to the children about the HPV vaccine or showing them any videos, social media or information of any kind.