Page - 21 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

21Introduction Governments may justify intrusion into civil liberties as being proportionate to the need to respond to a public health crisis on the scale of COVID-19, and we stress that courts are likely to be deferen- tial to governmental choices in such a situation.88 Civil rights are, of course, fundamental to our democracy, but no one wishes to “die with their rights on,” which could occur if needed governmental measures to curb a disease outbreak or pandemic are sacrificed on a right’s altar. However, as better evidence emerges on potential options to respond to the pandemic, courts may well hold governments to a more strin- gent standard and be more exacting in their review of whether mea- sures taken are as respectful of civil liberties as possible while still achieving the objective of curbing the virus. An important aspect of the analysis in this section is the acknowl- edgment that the Charter, particularly in health care, serves largely to protect civil rights (sometimes described as “negative” rights—being “free” from governmental intrusion). But it is presently not interpreted to protect “positive” socio-economic rights (requiring governmental expenditures), at least not without being tied to another Charter right, such as the right to equality under s. 15. Different contributors across this volume argue this is an impoverished view of rights and COVID- 19 helps to illuminate that.89 Accountability In any emergency, mechanisms for holding governments to account tend to be weakened, but COVID-19 has created unique accountabil- ity challenges.90 The pandemic has disrupted sittings of legislatures and courts in many jurisdictions. U.K. Prime Minister Boris Johnson’s hospitalization after contracting the virus exposed a disturbing lack of clarity around lines of succession should he be required to give up his functions.91 Canadian Prime Minister Justin Trudeau self- isolated after his spouse tested positive, and spent the first two weeks of the nationwide lockdown working from home while Cabinet met on Parliament Hill. 88. Colleen M Flood, Bryan Thomas & Kumanan Wilson, this volume, Chapter C-1. 89. See particularly Jackman, this volume, Chapter D-3. 90. MacDonnell, this volume, Chapter B-1. 91. Thomson Reuters, “U.K. PM Boris Johnson Moved to Intensive Care as COVID- 19 Symptoms Worsen”, CBC News (6 April 2020), online: <https://www.cbc.ca/ news/world/coronavirus-johnson-hospital-1.5522983>.