Kids shouldn’t be getting measles in the first place. No measles, no problems you described. No anger here.

Felony murder, in my opinion.

Thanks, appreciate the write-up! I’m just wondering that myself, my question wasn’t meant as an anti-vax post.

We are not litigious as Canadians, but maybe we should be in this aspect.

I think there are a few issues:

1. How do you prove kid A gave kid B measels?

2. Why isn’t kid B vaccinated? Because they don’t need to be, group immunity. Well that is no longer true with anti vax so…

3. Kid B then gives kid C measels, so kid B’s parents are now liable.

4. Your in small claims court. You have to prove damages. So you’re going for loss of earning for an adult looking after the kid + pain and suffering. Is that payout going to be worth filing papers, legal advice etc.

You’d be better passing a law to mandate vaccines, but that won’t be politically viable.

Just my thoughts - am not Canadian.

I’m personally of the opinion that refusing to vaccinate your kids should not be a choice parents get to make. Just like how you can’t choose to starve your children, no matter how deeply and truly you believe that we can draw all our necessary sustenance from the air.

In Canada we have a legal concept called the “Duty of persons to provide necessaries.”

Here’s the relevant legal code:

215 (1) Every one is under a legal duty (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;

Failing to Provide the Necessaries of Life (Offence) - Criminal Law Notebook

(www.criminalnotebook.ca)

I firmly believe that vaccinations should be deemed one of the “necessaries of life” under this article of the criminal code. Like food, water, clothing, shelter, etc. You shouldn’t have a choice in this matter. We shouldn’t even be talking about whether or not that choice harms someone else’s kid, because that’s actually beside the point. At a basic level, we as a society have already agreed that children’s right to be properly sheltered and cared for outweighs their parents rights to decide how they live. The idea that there should be an exception for vaccines - something that can mean the difference between life and death - is absolutely ridiculous.

If it can be proven. Yes. But there are too many variables to be able to prove it usually.

pain and suffering.

Minus this, that’s not a thing in Canada. You could seek future earnings if the child died but that’s hard to prove when they don’t even have a GED and it’s unlikely when the child is dead. (Also would take it out of small claims)

Antibodies?

Canada just lost its measles-free status. So here’s the question…

If an unvaccinated child spreads measles to someone else’s kid, why shouldn’t the parents be liable in small-claims court?

I’m not talking about criminal charges, just basic responsibility. If your choice creates the risk you should have to prove you weren’t the reason someone else’s child got sick.

Is that unreasonable?