Page - 216 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE216 In early April, smartphones blared out an emergency alert16 (sent once in English, once in French) warning Ontarians to stay home unless “absolutely necessary.” Slightly more formally, governments at the federal and provincial level have resorted to soft law, in the form of non- binding guidance. Innovation, Science and Economic Development Canada has published new guidelines17 on the “enhanced scrutiny” of foreign investment in Canada. Specifically, close attention will be paid to investment in “Canadian businesses that are related to pub- lic health or involved in the supply of critical goods and services to Canadians or to the Government,” a policy that will continue, “until the economy recovers from the effects of the COVID-19 pandemic.” Ontario has published pages upon pages of guidance on COVID-19, including documents explaining what is expected of care homes and pharmacies, guidance which is of great import to those affected.18 How are imperium, dominium, and suasion to be controlled? Given their prominent role in the crisis so far—which they are likely to main- tain going forward—this is an urgent question. As I explain in the next section, however, it is unlikely that judges will impose substantial con- trols on the exercise of these forms of power. A renewed emphasis on ensuring robust political accountability is much more likely to bear fruit. Controlling Government Power Imperium Parliamentary sovereignty forms part of the constitutional bedrock of Westminster-style systems. As Canada is a federation with an entrenched Charter of fundamental rights, parliamentary sovereignty 16. Lauren O’Neil, “Ontario Emergency Alert Telling Everyone to Stay Home Sparks Anger and Frustration” (4 April 2020), online (blog): blogTO  <www.blogto.com/ city/2020/04/ontario-emergency-alert/>. 17. “Policy Statement on Foreign Investment Review and COVID-19” (18 April 2020), online: Innovation, Science and Economic Development Canada <www.ic.gc. ca/eic/site/ica-lic.nsf/eng/lk81224.html>. 18. See for example, “COVID-19 Guidance for the Health Sector” (last modified 5 May 2020), online: Ontario  Ministry  of  Health  and  Long-term  Care <www.health. gov.on.ca/en/pro/programs/publichealth/coronavirus/2019_guidance.aspx>; “COVID-19 Guidance: Community Pharmacies” (15 March 2020) at 1, online (pdf): Ontario  Ministry  of  Health  and  Long-term  Care  <www.health.gov.on.ca/en/ pro/programs/publichealth/coronavirus/docs/2019_pharmacies_guidance.pdf>; “COVID-19 Guidance: Long-Term Care Homes” (15 April 2020) at 1, online (pdf): Ontario  Ministry  of  Health <www.health.gov.on.ca/en/pro/programs/pub- lichealth/coronavirus/docs/2019_long_term_care_guidance.pdf>.