Page - 121 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

121Resisting the Siren’s Call: Emergency Powers, Federalism, and Public Policy national education and certification standards. The federal govern- ment might be able to achieve some of that through its spending power coupled with conditions.27 It is unclear, though, whether a mere “opt- in” system would satisfy demands that are both framed as universal and relate to specific operational conditions. The federal government has rarely sought to exert a similar level of control through health care transfers; and doing so might prompt vires concerns that it was trying to control the services themselves. To rapidly ensure national standards, emergency powers might be required.28 Protecting Against Economic Insecurity: Rent COVID-19 has created acute economic need. Millions of Canadians have lost jobs, seen their businesses crumble, or watched investments dwindle. Parliament has expanded existing support programs and created others out of whole cloth, including the Canada Emergency Response Benefit (CERB) and Canada Emergency Wage Subsidy.29 To date, federal actors have rejected implementing a universal basic income.30 Residential and commercial tenancies are a pressing concern. Given the vast difference in rents across the country, the CERB ($2,000 per month) does not provide equivalent relief.31 And, despite a new federal commercial rent subsidy, many businesses report being asked to vacate their premises.32 27. Re Canada Assistance Plan [1991] 2 SCR 525, 83 DLR (4th) 297; Winterhaven  Stables  Limited  v  Canada  (Attorney  General), 1988 ABCA 334, 53 DLR (4th) 413. 28. The federal government might argue that long-term care homes should be regulated under the “national concern” branch of POGG, but caselaw con- cerning that branch has tended not to favour the federal government: Re Anti- Inflation  Act, supra note 13; R  v  HydroQuébec, [1997] 3 SCR 213, 151 DLR (4th) 32; R v MalmoLevine, 2003 SCC 74; R v Caine, 2003 SCC 74. Ontario  Hydro  v  Ontario  (Labour Relations Board), [1993] 3 SCR 327, 107 DLR (4th) 457 is a rare exception. 29. Government of Canada, Canada’s  COVID-19  Economic  Response  Plan  (Ottawa: Government of Canada, 2020), online: Government  of  Canada <https://www.can- ada.ca/en/department-finance/economic-response-plan.html>. 30. Teresa Wright, “Trudeau Rejects Turning CERB’s $2,000 a Month Into a Universal Benefit for Canadians”, National Post (23 April 2020), online: <https://national- post.com/news/universal-benefit-minimum-basic-income-justin-trudeau-cerb>. 31. Ricardo Tranjan, “The Rent Is Due Soon: Economic Insecurity and COVID-19” (2020), online: Canadian  Centre  for  Policy  Alternatives <https://www.policyalterna- tives.ca/publications/reports/rent-due-soon>. 32. Tanya Mok, “Toronto Pizza Joint Shuts Down After Not Getting Rent Relief from Landlord” (2 May 2020), online (blog): Blog  TO  <https://www.