Page - 124 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE124 protecting renters is likely to deter provincial action. While the federal government’s resources are not unlimited, it is the country’s largest repository of wealth, as well as the greatest generator of revenue. At the same time, however, it might appear irresponsible for the government to simply transfer funds to the provinces to meet needs as they see fit. Recent programs have been delayed by federal-provincial negotiation over mechanics and details.41 Passing emergency legisla- tion would provide an immediate framework by which the necessary supports could be supplied. Finally, an emergency law has an enormous signalling function. In rallying public sentiment or conveying a situation’s gravity, such a law has few rivals. When examined closely, the calls for federal inter- vention can be understood as demands for reassurance. COVID-19 has dealt Canada a profound emotional shock. Emergency legislation could increase public confidence that national institutions are fully seized of the issue and are devoting all possible resources to dealing with it. Drawbacks: Operational Obstacles and Push-Back While emergency federal legislation can be beneficial, it does have drawbacks and risks. While they do not apply equally to the laws mooted above, they merit serious consideration. Intuitively, a uniform response should be more coordinated and, therefore, effective. But the nature of a crisis can pose operational obstacles, at least two of which are relevant here. First, COVID-19 has not had the same effect across the country.42 That cuts against the kind of top-down approach that the federal order is best suited to impose. Certainly, it would be counterproductive to roll out a public health response inde- pendent of provincial and municipal authorities. Arguably, the actors closest to the relevant populations are best able to both assess relevant needs and vulnerability, and deliver the necessary services. A second obstacle is that the very nature of the division of pow- ers spurs the different orders of government to develop specialized 41. Ryan Tumulty, “Trudeau Announces Wage Top-ups for Frontline Workers, but Details Unclear”, National Post (8 May 2020), online: <https://nationalpost.com/ news/canada/covid-19-front-line-workers-minimum-wage-top-up>. 42. Patrick Cain, “Coronavirus: How COVID-19 Is Spreading Across Canada”, Global  News  (14 April 2020), online: <https://globalnews.ca/news/6700788/coro- navirus-covid-19-canada-cases-data/>. Some of the variance may be due to the different levels of testing in the different provinces.