Page - 123 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

123Resisting the Siren’s Call: Emergency Powers, Federalism, and Public Policy legislative framework. The authority to do that is murky. The Canada Health Act is primarily a funding and insurance mechanism; it does not enable the federal government to provide health services to the general public.39 Asserting emergency powers is a straightforward way for Parliament to erect such a regime. Assessing the Benefits and Drawbacks of Emergency Laws Benefits: Consistency, Capacity, and Reassurance There is no question that the COVID-19 pandemic represents a pre- viously unimaginable threat to national well-being. It is not surpris- ing that many would look to the federal government for leadership. To the extent that such leadership was expressed through emergency legislation, it could provide the following benefits. First, federal emergency laws might bring a welcome measure of consistency. Instituting nationwide policies around COVID-19 testing, for example, would address confusion over the criteria by which per- sons are able to access it.40 Such consistency might be especially prized when the need to track the course of a disease is constant among sub- national units. The aim would be to scale up to the best practices available. The same can be said about economic security: vulnerable persons ought not to receive varying relief simply because of their province of residence. Second, to the extent that the federal order has greater capacity, emergency legislation might be a logical tool to wield it. Current levels of need, especially economic, are far beyond the fiscal envelope of most provinces. The sheer cost of such things as reforming long-term care or 39. Canada Health Act RSC, 1985 c C-6. Note the following from the preamble: “WHEREAS the Parliament of Canada recognizes … that it is not the intention of the Government of Canada that any of the powers, rights, privileges or authori- ties vested in Canada or the provinces under the provisions of the Constitution Act,  1867, or any amendments thereto, or otherwise, be by reason of this Act abrogated or derogated from or in any way impaired…” 40. There are stark differences in per capita testing across the country. Most trou- blingly, Ontario and Quebec have consistently failed to meet their own targets, and together account for 85% of cases nationwide: Ivan Semeniuk, “COVID-19 Testing Shortfall Spurs Quest for Radical Approaches as Provinces Look to Reopen”, The Globe  and  Mail  (14 May 2020), online: <https://www.theglobeandmail.com/can- ada/article-covid-19-testing-shortfall-spurs-quest-for-radical-approaches-as/>. But see Amanda Connoly, “National Coronavirus Testing Strategy Wouldn’t Work for Canada, Trudeau Says”, Global  News  (7 May 2020), online: <https:// globalnews.ca/news/6916991/national-coronavirus-testing-strategy-canada/>.