Page - 351 - in VULNERABLE - The Law, Policy and Ethics of COVID-19
Image of the Page - 351 -
Text of the Page - 351 -
351Fault
Lines: COVID-19, the Charter, and Long-term Care
In the face of COVID-19, governments and health authorities
were forced to make difficult decisions and trade-offs, in a very short
time, often with incomplete and inadequate information.67 As Colleen
M. Flood, Bryan Flood and Kumanan Wilson discuss, the courts will
undoubtedly exercise considerable deference towards those choic-
es.68 Containing the pandemic and ensuring hospitals and the health
care system could manage the projected surge of COVID-19 patients
were critical objectives. There were, however, long-standing warn-
ings about the danger of viral outbreaks in long-term care facilities.
Recommendations made by the Federal SARS Commission to miti-
gate this risk were disregarded, even as measures were implemented
in hospitals.69 With few exceptions,70 the threat to long-term care
residents was not seriously considered in most parts of the country.
Inattention to the vulnerability of the long-term care system and to
the particular risks created by COVID-19 transfers was not a rational
means of achieving public health objectives and, in fact, undermined
them. In sum, the failure to take into account, much less adopt proac-
tive measures to protect, the life, security, and equality of long-term
care residents, cannot be justified under s. 1.
The Way Forward: Comprehensiveness and Accountability
With long-term care residents representing only 1% of the Canadian
population, but over 80% of COVID-19 deaths,71 political leaders
have expressed sadness and shame; governments have committed
to conducting post-pandemic reviews; health profession regula-
tory bodies have signalled their intention to investigate; criminal
inquiries have been called for, and lawsuits have been launched.72
67. Flood, Thomas & Wilson, this volume, Chapter C-1.
68. Ibid; Paola Loriggio, âProposed Lawsuits Raise Questions on âReasonable Careââ
Ottawa Citizen (4 May 2020) NP3.
69. Tomlinson & Robertson, supra note 26; Globe and Mail, supra note 25.
70. Howlett, supra note 5; Hina Alan, âVancouver Care Homes Cast a Wide Net in
Testingâ, Ottawa Citizen (11 May 2020) NP4.
71. MacCharles, supra note 14.
72. Nick Boisvert, âOntario Long-Term Care Homes in Scathing Report Could
Face Charges, Says Fordâ, CBC News (26 May 2020), online: <www.cbc.ca/
news/canada/toronto/ontario-military-ltc-report-1.5585131>; Christopher Guly,
âI Know How Precious It Is to Say Goodbye to a Parent Dying In Careâ, The
Tyee (12 May 2020), online: <thetyee.ca/Analysis/2020/05/12/Precious-Goodbye-
Parent-Dying-In-Care/?utm_source=daily&utm_medium=email&utm_cam-
paign=130520>; BĂ©atrice Roy-Brunet, âCHSLDâ
: deux organisations veulent que
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