Page - 48 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE48 The natural advantage of a federal system rests not only in its receptiveness to local interests, but also in the flexibility it affords some jurisdictions to see opportunities and take risks that others are unwilling to countenance. The multi-stage process of re-opening pro- vincial economies, for example, is a natural experiment that will afford a much deeper understanding of policy effectiveness.45 Pandemic con- ditions involve tremendous uncertainty; yet political decisions must be made. On the one hand, serious measures involving the curtail- ment of civil rights or the diminution of one’s livelihood require the application of proportionality: are the potential outcomes so extreme that these measures are merited? The empirical information we have on this is limited and often in flux. On the other hand, the precau- tionary principle suggests that, when facing uncertainty, a more cau- tious strategy is preferable. Canadians will take different positions regarding the levels of relative risk they are willing to accept, and the particular balance between public health, civil liberties, and economic prosperity they prefer. Canada’s federal structure, despite the com- plications and frustrations of coordinating activity between jurisdic- tions, will permit these political discussions to play themselves out in a manner that is receptive to diverse perspectives. 45. Quebec, despite having the highest number of cases, reopened various busi- nesses and services between May 4 and 19, including elementary schools, day- cares, stores, and the construction and manufacturing sectors. The sequencing of re-opening was quite different across regions as well, with businesses such as personal services (for example, hair salons) enjoying early opening in Alberta, but late-phase opening in Nova Scotia.