Seite - 105 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

CHAPTER A-6 The Federal Emergencies Act: A Hollow Promise in the Face of COVID-19? Colleen M. Flood* and Bryan Thomas** Abstract Throughout March and April 2020, as the COVID-19 pandemic unfolded in Canada, Prime Minister Trudeau was repeatedly asked in his daily news conferences whether or not he would invoke the Emergencies  Act. His response was that health care is a provincial matter, and the federal government would play a support role to the provinces. Rightly, the Act can only be triggered when a province has not been able to respond appropriately to a public health emer- gency, jeopardizing not only the health of people within a province but also other Canadians. However, there are other significant limi- tations within the Act such that even when a matter has risen to a level requiring a federal response, the Act may prevent the federal government from intervening or at least leave its powers unclear. We test three case-scenarios in the context of COVID-19 where arguably provincial steps have been insufficient, thus triggering the need for a national response. In so doing, we demonstrate the limitations of the Emergencies  Act and suggest, post-COVID-19, there must be a discus- sion on whether the Act is fit for purpose. * University Research Chair and Director of the Centre for Health Law, Policy and Ethics, University of Ottawa. ** Senior Research Associate and Adjunct Professor, Centre for Health Law, Policy and Ethics, University of Ottawa.