Page - 107 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

107The Federal Emergencies Act: A Hollow Promise in the Face of COVID-19? and Northwest Territories). Likewise, provinces have varied in their approach to interprovincial travel, with Quebec turning away recre- ational travellers from Ottawa to Gatineau, several provinces requiring incoming travellers to self-isolate for 14 days (for example, Manitoba and Nova Scotia), and other provinces imposing no restrictions (Ontario, Alberta, British Columbia).3 Provinces vary as well in their approaches to testing—methods for accessing a test (central hotlines, GP referrals), speed of receiving results, overall volume, and efforts at directing testing toward “hot spots.”4 Some provinces have demon- strably failed to adequately manage the terrible outbreak of COVID-19 in long-term care homes, with Ontario and Quebec calling upon assis- tance by the Canadian military, who have reported horrific conditions.5 Some critics of the patchwork approach argue that the federal government should invoke the Emergencies  Act6 to ensure a clear and unified response to COVID-197—avoiding the confusion and skepti- cism arising from conflicting rules across jurisdictions. Internationally, the World Health Organization declared a “public health emergency of international concern” on January 30, 2020, and since that time many countries have declared national emergencies. Our review of international responses indicates that Canada stands alone among federated developed countries in not declaring an emergency or issu- ing a national lockdown.8 Those opposed to invoking the Act posit that the provinces have available to them all of the powers that the federal government might 3. Globe Staff and Wire Services, “What Is the Reopening Plan in My Province? A Guide”, The  Globe  and  Mail  (1 April 2020), online: <https://www.theglobean- dmail.com/canada/article-coronavirus-rules-by-province-physical-distancing- open-closed/#rulesque>. 4. Robert Jones, “Pace of COVID-19 Testing Picks Up, but N.B. Still Lags Behind Other Provinces”, CBC News (26 March 2020), online: <https://www.cbc.ca/news/ canada/new-brunswick/coronavirus-covid-19-testing-new-brunswick-1.5510396>. 5. Murray Brewster & Vassy Kapelos, “Military Reports Horrific Conditions, Abuse in Ontario Nursing Homes”, CBC News (26 May 2020), online: <https://www.cbc.ca/ news/politics/long-term-care-pandemic-covid-coronavirus-trudeau-1.5584960>. 6. Emergencies  Act, RSC, 1985, c 22 (4th Supp), s 58 (1). 7. Peter Mazereeuw, “Ottawa Should Trigger Emergencies Act Amid COVID-19 Crisis, Says Retired General and Former Liberal Andrew Leslie”, The Hill Times (26 March 2020), online: <https://www.hilltimes.com/2020/03/26/ottawa-should- trigger-emergencies-act-amid-covid-19-crisis-says-retired-general-and-former- liberal-andrew-leslie/241166>. 8. Deutsche Welle, “Coronavirus: What Are the Lockdown Measures Across Europe?”, DW (14 April 2020), online: <https://www.dw.com/en/coronavirus- what-are-the-lockdown-measures-across-europe/a-52905137>.