Federalism and the Public Health Emergency

Canadian federalism was at the forefront of political and legal debates about emergency measures. From inter-governmental negotiations about funding and delivering sick days, to questions around the precise delineating of overlapping jurisdiction over public health, to widely varying provincial responses, to disputes about the constitutionality of previously unheard of inter-provincial restrictions on mobility, the theory and practice of federalism was on display on a daily basis. This presentation will consider the use/abuse/disuse of emergency powers by the federal and provincial governments, as the case may be, and whether the pandemic is likely to have a long-term impact on Canadian federalism.