Page - 20 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE20 non-existent.83 Moreover, certain populations, including people living with mental illness and those experiencing homelessness, face unique challenges in respecting public health directives on the use of pub- lic spaces and physical distancing. They are therefore disproportion- ately subjected to sanctions and enforcement procedures under public health laws.84 COVID-19 is both a public health crisis and “profound human rights crisis,”85 but it can also be an opportunity for transformative policy and law reforms. While emergency measures that are compli- ant with human rights are required to alleviate the immediate impacts of COVID-19 on persons and groups made vulnerable by structural inequities, confronting present and future health crises requires deep structural changes to promote more just and equitable societies. Civil Liberties vs. Ideas of Public Health Significant precautionary measures have been taken across all coun- tries to control the pandemic. Some of these may conflict with civil liberties, such as freedom of association, freedom of religion, and mobility rights86 (quarantine orders, closure of borders, lockdowns, and stay-at-home orders), as well as privacy rights (contact tracing, both traditional and digital).87 A public health perspective may at first blush seem to conflict with civil liberties, given its emphasis on preventing or curbing a pandemic that could cause death and suffering to many millions. However, as the various contributors in this section discuss, a clear focus on civil liberties is needed, not only so that the actions of pub- lic health officials are lawful (in the Canadian context, in compliance with the Canadian  Charter  of  Rights  and  Freedoms), but also because maintaining respect for civil liberties may well produce sound public health policy. Public health measures, tailored to civil liber- ties, will likely achieve more buy-in from the public, particularly when precautionary measures are required for many months and possibly years. 83. Farha & Schwan, this volume, Chapter D-4; Levesque & Thériault, this volume, Chapter D-6. 84. Chandler et al, this volume, Chapter D-10. 85. Sheldon & Malhotra, this volume, Chapter D-9. 86. Delphine Nakache & Yves Le Bouthillier, this volume, Chapter C-5. 87. Teresa Scassa, Jason Millar & Kelly Bronson, this volume, Chapter C-2.