the alberta court of appeal upheld the decision, prompting lewis’s appeal to the supreme court of canada.
“ms. lewis is deeply disappointed that the supreme court of canada decided not to hear her case,” allison pejovic, lewis’s lawyer, said in a news release from the justice centre for constitutional freedoms.
“she had hoped that justice would prevail in the courts for herself and other unvaccinated transplant candidates across canada.”
pejovic said lewis’s constitutional challenge ends with the supreme court of canada’s dismissal but she will continue trying to get the life-saving surgery.
lewis recently filed a separate legal action against alberta health services, an alberta hospital and the transplant doctors.
there is a publication ban on the doctors’ identities, the organ involved and the location of the transplant program.
lewis is arguing negligence in the decision to remove her from the high-priority transplant list, saying it amounts to medical malpractice.
the justice centre for constitutional freedoms said lewis will ask the court at an upcoming injunction hearing to grant an immediate reinstatement to the transplant list pending the result of the court action.