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215Governmental
Power and COVID-19: The Limits of Judicial Review
quite sweeping. For example, Quebec’s emergency decree purports
to modify judicial orders relating to child custody arrangements;11 at
the federal level, although most of Bill C-13’s important provisions are
subject to sunset clauses and will expire before the end of the year, the
Minister of Finance has been given the power to create and capital-
ize a Crown corporation (which is exempted from the usual statutory
rules on Crown corporations) for whatever pandemic-related purpose
he deems fit.12
Both the federal government and provincial governments have
entered into contractual arrangements to secure necessary medi-
cal supplies, existing stockpiles proving insufficient to meet current
needs.13 On occasion, private bodies have been co-opted into the emer-
gency response. Airlines flying into and within Canada, for instance,
are obliged to check passengers for symptoms of COVID-19.14 There
is little doubt that dominium will continue to play a prominent role as
the COVID-19 crisis drags on, with governments entering into further
contracts for supplies, antiviral drugs, and vaccines.
Lastly, the technique of suasion has been very much in evidence.
Since before the pandemic swept Canada, public health officials have
regularly been providing advice and guidance on matters such as
travel and personal safety.15 Daily newspapers in Ontario invariably
feature government advertisements urging residents to stay home to
“flatten the curve” of viral spread and to protect vital public services.
save those that are essential and limit gatherings of groups of people; see Closure
of Places of Non-Essential Businesses, O Reg 119/20.
11. See e.g.Â
OrderingÂ
ofÂ
measuresÂ
toÂ
protectÂ
theÂ
healthÂ
ofÂ
theÂ
populationÂ
duringÂ
theÂ
COVID-
19 pandemic situation, OIC 2020-006 (2020) GOQ II, 778A (Public Health Act).
12. See Paul Daly, “Emergency Economic Powers in Canada: Bill C-13’s Crown
Corporation” (1 April 2020), online (blog): Administrative Law Matters <www.
administrativelawmatters.com/blog/2020/04/01/emergency-economic-powers/>.
13. See e.g. Elizabeth Thompson, “How the Federal Government Can Fast-track
Medical Supplies in a Crisis”, CBC News (18 March 2020), online: <www.cbc.
ca/news/politics/covid-emergency-procurement-supplies-1.5500984>; Bartley
Kives, “Manitoba Plans to Purchase $35M Worth of Masks, Sanitizers and Other
Gear to Protect Against COVID-19”, CBC News (10 March 2020), online: <www.
cbc.ca/news/canada/manitoba/manitoba-covid-equipment-1.5492577>.
14. See “Coronavirus Disease (COVID-19): Travel Restrictions, Exemptions and
Advice” (last modified 22 May 2020), online: Government of Canada <www.
canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/
latest-travel-health-advice.html#domestic>.
15. See e.g. Rachael D’Amore, “Stopping All Canada-China Flights Won’t Stop Spread
of Coronavirus—Here’s Why”, Global News (last updated 14 February 2020),
online: <www.globalnews.ca/news/6546569/china-coronavirus-flights-canada/>.
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
- International