Page - 126 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE126 regional divisions is evident in the makeup of the current Parliament— the governing Liberal caucus has no elected MPs from Saskatchewan or Alberta. The emergency branch could inflame existing tensions and cre- ate new ones. The early days of the pandemic were marked by strik- ing levels of federal-provincial cooperation.48 But politics inevitably returns. COVID-19 demands a high degree of collaboration among federal, provincial, and municipal actors.49 The federal government bears a particular responsibility to ensure a functional relationship with provinces. To be sure, when provincial failures imperil the coun- try, or certain of its citizens, the federal government should inter- vene.50 But it cannot afford to appear dismissive or cavalier about provincial jurisdiction. It is no accident that the current Emergencies  Act requires extensive consultation with provincial governments.51 While not a constitutional imperative, it creates a political expectation of cooperation, around which the federal order must tread carefully. The title of this chapter invokes the siren: a mythological crea- ture with powerful, ceaseless attraction. In The  Odyssey, Ulysses bound himself to the mast of his ship to resist her call, even as he was forced to navigate close to it.52 Even when they must be contemplated, emer- gency powers demand similar restraint. In the current pandemic, the emergency branch may enable decisive action to mitigate staggering social and personal costs.53 But absent provincial buy-in, such action risks significant national friction that could threaten the cooperation required to vanquish COVID-19. Carissima Mathen, Courts  Without  Cases:  The  Law  and  Politics  of  Advisory  Opinions (Oxford: Hart, 2019) at chapter 5; Reference  re  Greenhouse  Gas  Pollution  Pricing  Act, 2019 SKCA 40; Reference  re  Environmental  Management  Act, 2020 SCC 1. 48. Éric Grenier, “The Pandemic Is Breaking Down Political Barriers Between Provincial and Federal Governments”, CBC News (5 April 2020), online: <https:// www.cbc.ca/news/politics/grenier-provincial-federal-cooperation-1.5521531>. But see Christopher Nardi, “‘Why Would He Pick a Fight with Us?’ COVID-19 Raises Tensions Between Trudeau Government and Quebec”, National Post (8 May 2020), online: <https://nationalpost.com/news/politics/why-would-he-pick-a-fight-with- us-covid-19-raises-tensions-between-trudeau-government-and-quebec>. 49. On the exercise of municipal powers, see Flynn, this volume, Chapter A-8. 50. Arguably, the lack of a coordinated scheme to collect data on COVID-19 quali- fies. See Amir Attaran & Adam R Houston, this volume, Chapter A-5. 51. See Flood & Thomas, this volume, Chapter A-6. 52. Homer, The  Odyssey.  See also Jon Elster, Ulysses  and  the  Sirens:  Studies  in  Rationality  and  Irrationality  (Cambridge, UK: Cambridge University Press, 1984). 53. See Flood & Thomas, this volume, Chapter A-6.