Seite - 127 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

CHAPTER A-8 Municipal Power and Democratic Legitimacy in the Time of COVID-19* Alexandra Flynn** Abstract As COVID-19 swept through Canada, cities were at the front lines in curbing its spread. From March 2020, municipalities introduced such measures as restricting park access, ticketing those lingering in public places, and enforcing physical distancing requirements. Local governments have also supplemented housing for the vulnerable and given support to local “main street” businesses. Citizens expected their local governments to respond to the pandemic, but few people know how constrained the powers of municipalities are in Canadian law. Municipalities are a curious legal construct in Canadian federal- ism. Under the Constitution, they are considered to be nothing more than “creatures of the province.” However, courts have decided in many cases that local decisions are often considered governmental and given deference. This chapter focuses on the tensions in this con- tradictory role when it comes to municipal responses to COVID-19, particularly when those responses take the form of closure of pub- lic spaces, increased policing by by-law officers, and fines. I conclude that municipalities serve an important role in pandemic responses, * Many thanks to Mariana Valverde, Colleen M. Flood, and an anonymous peer reviewer for their thoughtful comments and suggestions. All errors and omis- sions are my own. ** Assistant Professor, Allard School of Law, UBC.