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The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.
Vanessa MacDonnell is Associate Professor at the University of Ottawa Faculty of Law and Co-Director of the uOttawa Public Law Centre. She researches in the areas of Canadian constitutional law, constitutional theory, comparative constitutional law, and criminal law and procedure.
INTRODUCTIONOverview of COVID-19: Old and New VulnerabilitiesColleen M. Flood, Vanessa MacDonnell, Jane Philpott, Sophie Thériault and Sridhar Venkatapuram SECTION A: WHO DOES WHAT? CHALLENGES AND DEMANDS OF CANADIAN FEDERALISM CHAPTER A-1Have the Post-SARS Reforms Prepared Us for COVID-19? Mapping the Institutional LandscapeKatherine Fierlbeck and Lorian Hardcastle CHAPTER A-2COVID-19 and First Nations’ ResponsesAimée Craft, Deborah McGregor, and Jeffery Hewitt CHAPITRE A-3Réflexions sur la mise en œuvre de la Loi sur la santé publique au Québec dans le contexte de la pandémie de COVID-19Michelle Giroux CHAPITRE A-4La COVID-19 au Canada : le fédéralisme coopératif à pied d’œuvreDavid Robitaille CHAPTER A-5Pandemic Data Sharing: How the Canadian Constitution Has Turned into a Suicide PactAmir Attaran and Adam R. Houston CHAPTER A-6The Federal Emergencies Act: A Hollow Promise in the Face of COVID-19?Colleen M. Flood and Bryan Thomas CHAPTER A-7Resisting the Siren’s Call: Emergency Powers, Federalism, and Public PolicyCarissima Mathen CHAPTER A-8Municipal Power and Democratic Legitimacy in the Time of COVID-19Alexandra Flynn SECTION B: MAKING SURE SOMEONE IS ACCOUNTABLE: PUBLIC AND PRIVATE RESPONSIBILITIES CHAPTER B-1Ensuring Executive and Legislative Accountability in a PandemicVanessa MacDonnell CHAPTER B-2Good Governance: Institutions, Processes, and PeopleMel Cappe CHAPTER B-3The Duty to Govern and the Rule of Law in an EmergencyGrégoire Webber CHAPTER B-4Does Debunking Work? Correcting COVID-19 Misinformation on Social MediaTimothy Caulfield CHAPTER B-5The Media Paradox and the COVID-19 PandemicJeffrey Simpson CHAPTER B-6Governmental Power and COVID-19: The Limits of Judicial ReviewPaul Daly CHAPTER B-7Liability of the Crown in Times of PandemicMarie-France Fortin CHAPTER B-8Balancing Risk and Reward in the Time of COVID-19: Bridging the Gap Between Public Interest and the “Best Interests of the Corporation”Jennifer A. Quaid SECTION C: CIVIL LIBERTIES VS. IDEAS OF PUBLIC HEALTH CHAPTER C-1Civil Liberties vs. Public HealthColleen M. Flood, Bryan Thomas, and Dr. Kumanan Wilson CHAPTER C-2Privacy, Ethics, and Contact-Tracing AppsTeresa Scassa, Jason Millar, and Kelly Bronson CHAPTER C-3Should Immunity Licences be an Ingredient in our Policy Response to COVID-19?Daniel Weinstock and Vardit Ravitsky CHAPTER C-4The Punitive Impact of Physical Distancing Laws on Homeless PeopleTerry Skolnik CHAPTER C-5The Right of Citizens Abroad to Return During a PandemicYves Le Bouthillier and Delphine Nakache SECTION D: EQUITY AND COVID-19 CHAPTER D-1How Should We Allocate Health and Social Resources During a Pandemic?Sridhar Venkatapuram CHAPITRE D-2COVID-19 et âgisme : crise annoncée dans les centres de soins de longue durée et réponse improvisée ?Martine Lagacé, Linda Garcia et Louise Bélanger-Hardy CHAPTER D-3Fault Lines: COVID-19, the Charter, and Long-term CareMartha Jackman CHAPTER D-4The Front line Defence: Housing and Human Rights in the Time of COVID-19Leilani Farha and Kaitlin Schwan CHAPTER D-5COVID-19 in Canadian Prisons: Policies, Practices and ConcernsAdelina Iftene CHAPTER D-6Systemic Discrimination in Government Services and Programs and Its Impact on First Nations Peoples During the COVID-19 PandemicAnne Levesque and Sophie Thériault CHAPTER D-7Preventing the Spread of Anti-Asian Racism: Including Critical Race Analysis in a Pandemic PlanJamie Chai Yun Liew CHAPTER D-8Migrant Health in a Time of Pandemic: Fallacies of Us-Versus-ThemY.Y. Brandon Chen CHAPTER D-9Not All in This Together: Disability Rights and COVID-19Tess Sheldon and Ravi Malhotra CHAPTER D-10Weighing Public Health and Mental Health Responses to Non-Compliance with Public Health Directives in the Context of Mental IllnessJennifer A. Chandler, Yasmin Khaliq, Mona Gupta, Kwame McKenzie, Simon Hatcher, and Olivia Lee SECTION E: THIS JOB IS GONNA KILL ME: WORKING AND COVID-19 CHAPTER E-1Privatization and COVID-19: A Deadly Combination for Nursing HomesPat Armstrong, Hugh Armstrong, and Ivy Bourgeault CHAPTER E-2A View from the Front Lines of a COVID-19 OutbreakJane Philpott CHAPTER E-3Occupational Health and Safety and COVID-19: Whose Rights Come First in a Pandemic?Katherine Lippel CHAPTER E-4Risking It All: Providing Patient Care and Whistleblowing During a PandemicVanessa Gruben and Louise Bélanger-Hardy CHAPTER E-5Worked to the Bone: COVID-19, the Agrifood Labour Force, and the Need for More Compassionate Post-Pandemic Food SystemsSarah Berger Richardson SECTION F: GLOBAL HEALTH AND GOVERNANCE CHAPTER F-1“Flattening the Curve” Through COVID-19 Contagion ContainmentAnis Chowdhury and Jomo Kwame Sundaram CHAPTER F-2The Plausibility and Resolvability of Legal Claims Against China and WHO under the International Health Regulations (2005)Sam Halabi and Kumanan Wilson CHAPTER F-3COVID-19 and Africa: Does “One Size Fit All” in Public Health Intervention?Chidi Oguamanam CHAPTER F-4Border Closures: A Pandemic of Symbolic Acts in the Time of COVID-19Steven J. Hoffman and Patrick Fafard CHAPTER F-5COVID-19 and Accountable Artificial Intelligence in a Global ContextCéline Castets-Renard and Eleonore Fournier-Tombs CHAPTER F-6International Trade, Intellectual Property, and Innovation Policy: Lessons from a PandemicJeremy de Beer and E. Richard Gold CHAPTER F-7COVID-19 Vaccines as Global Public GoodsJason W. Nickerson and Matthew Herder Biographies