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133Municipal
Power and Democratic Legitimacy in the Time of COVID-19
which has its own charter, is a big city, and has highlighted vulnerable
people living in the downtown eastside.23 British Columbiaâs rationale
was that the COVID-19 response required a consistent approach across
communities, much to the chagrin of smaller municipalities who do not
think provincial coordination is sufficiently responsive to local needs.24
Ensuring a uniform regulation across the province was critical in
the early days of the pandemic, especially given the close proximity
of municipalities to one another in denser areas. However, municipal
states of emergency may provide enhanced protection for local resi-
dents not captured at the provincial scale. This is especially important
as prohibitions are lifted and smaller communities experience a greater
influx of visitors. Some municipalities fear an influx of tourists and
visitors, a concern that does not apply uniformly across the province
and that has the potential to overwhelm local services.25 For example,
over two dozen leaders of smaller coastal towns and First Nations
urged the Province of British Columbia to limit outside travel âfor
fishing, hunting and other leisure activitiesâ into their communities
following COVID-19 infections in small towns elsewhere, a request
that was not granted.26 Local states of emergency enable municipali-
ties to address the specific needs of local communities, which differ
dramatically from one another in geographic size, population, den-
sity, levels of tourism, and socio-economic disparity.27 Provinces may
not be as aware of the needs of particular localities.
23. McCarthy Tetreault, âCOVID-19: Emergency Measures Trackerâ (last updated
11 May 2020), online: McCarthy Tetrault <https://www.mccarthy.ca/en/insights/
articles/covid-19-emergency-measures-tracker>. See also Government of British
Columbia, âCOVID-19: Frequently Asked Questions related to Provincial
Ordersâ (last updated 8 May 2020), online: GovernmentÂ
ofÂ
BritishÂ
ColumbiaÂ
<https://
www2.gov.bc.ca/gov/content/safety/emergency-preparedness-response-recov-
ery/local-emergency-programs/local-government-first-nations-faq/provincial-
orders-faq>, citing Emergency Program Act, RSBC 1996, Ch 111, s 14.
24. Joel Ballard, âCoastal First Nations and Municipalities Vow Continued COVID-
19 Enforcement, Potential Hwy 16 Checkpointâ, CBC News (1 May 2020), online:
<https://www.cbc.ca/news/canada/british-columbia/haida-nation-enforcement-
hwy-16-1.5552247>.
25. See e.g. District of Tofino, âCOVID-19 Updatesâ (29 March 2020), online: District
of Tofino <http://tofino.ca/blog/view/covid-19-updates>.
26. Natalia Balcerzak, ââWe Donât Understandâ: B.C. Coastal Communities
Brace for Tourists as Province Opens Hunting, Fishing Seasonâ, The Nar-
whal (28 April 2020), online: <https://thenarwhal.ca/coronavirus-bc-coastal-
communities-brace-tourists-province-hunting-fishing-season/>.
27. Nathaniel Basen, âCOVID-19: The Week in Review with Epidemiologist David
Fisman (May 17â22)â, TVO (23 May 2020), online: <https://www.tvo.org/article/
covid-19-the-week-in-review-with-epidemiologist-david-fisman-may-17-22>.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International