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VULNERABLE - The Law, Policy and Ethics of COVID-19
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VULNERABLE62 For example, Walpole First Nation, located at the Michigan border, has advised non-residents and cottagers not to come to the community.39 Whitefish River First Nation (WRFN) commenced a phased approach to pandemic planning and implemented travel restrictions, which have become increasingly restrictive over time as COVID-19 cases increase. Currently, only “residents” are permitted access to the community (and can leave for essential services). Chief Shining Turtle pointed out “that phase one of the response was signage, phase two was a letter informing cottagers that they could not access their seasonal dwellings and phase three was bringing in concrete barriers” in case they were required to physically prevent people from entering the reserve. “I get it,” he said. “People don’t want to be in Sudbury, Toronto, or Hamilton while this is going on. But the question you have to ask yourself, ‘is this essential?’” Some cottagers with leased shoreline property in WRFN seem to be startled with the First Nation asserting their inherent juris- diction during a pandemic, complaining about their restricted access to the reserve, stating that their seasonal cottages are their only “resi- dences” and that they therefore meet the residency requirement. The cottage leases clearly indicate the cottagers are seasonal residents only. However, First Nations’ jurisdiction was challenged by settler seasonal cottagers, despite the fact that similar measures were being suggested in adjoining municipalities in Ontario. It was observed that a “number of summer residents were flocking to their properties, many return- ing from COVID hot spots such as Florida and Toronto.”40 The WRFN updated their trespass by-law to address emergency measures and support the community pandemic plan. First Nations communities will continue to face challenges from those who do not respect their inherent jurisdiction, particularly if their pandemic and recovery plans are not coordinated across juris- dictions. The Assembly of First Nations has stated that First Nations must be at any table dealing with the health crisis, and arguably should be the ultimate decision-making authority with respect to the wellness and safety of their communities.41 39. “Walpole Island First Nation Restricts Access to Non-Residents Due to COVID- 19”, CBC (2 April 2020), online: <https://www.cbc.ca/news/canada/windsor/ walpole-island-first-nation-restricts-access-covid19-1.5518628>. 40. Michael Erskine, “Birch Island Denies Access to Cottagers with Leased Lots”, Manitoulin  Expositor (15 April 2020), online: <https://www.manitoulin.ca/birch- island-denies-access-to-cottagers-with-leased-lots/>. 41. House of Commons, supra note 28.
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VULNERABLE The Law, Policy and Ethics of COVID-19
Titel
VULNERABLE
Untertitel
The Law, Policy and Ethics of COVID-19
Autoren
Vanessa MacDonnell
Jane Philpott
Sophie Thériault
Sridhar Venkatapuram
Verlag
Ottawa Press
Datum
2020
Sprache
englisch
Lizenz
CC BY-NC-ND 4.0
ISBN
9780776636429
Abmessungen
15.2 x 22.8 cm
Seiten
648
Kategorien
Coronavirus
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