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Governments' accountability for Canada's pandemic response.

Lara Khoury1, Alana Klein2, Marie-Eve Couture-Ménard3

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Governmental accountability is crucial for public health governance during pandemics. Existing Canadian laws offer little oversight for emergency powers, necessitating legislative reform to enhance public trust and accountability.

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COVID-19Emergency powersGovernmental accountabilityPandemic responsePublic health legislation

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Area of Science:

  • Public Health Law
  • Governance Studies
  • Emergency Powers

Background:

  • The COVID-19 pandemic highlighted critical gaps in public health governance.
  • Governments utilized broad emergency powers with significant societal impact.
  • Limited input from elected officials and civil society in the exercise of these powers.

Purpose of the Study:

  • To assess existing legal mechanisms for governmental accountability in Canada.
  • To identify shortcomings in private, constitutional, and criminal law regarding pandemic emergency powers.
  • To propose legislative amendments to strengthen public health governance and accountability.

Main Methods:

  • Review of Canadian private law.
  • Analysis of constitutional law frameworks.
  • Examination of criminal law provisions related to governmental powers.
  • Legal research on public health legislation.

Main Results:

  • Existing legal mechanisms in Canadian private, constitutional, and criminal law are insufficient for ensuring accountability.
  • Current laws provide limited avenues for oversight of government emergency powers during public health crises.
  • There is a significant need for enhanced accountability structures.

Conclusions:

  • Provincial and territorial legislatures should amend public health legislation.
  • Proposed modifications aim to increase public confidence in decision-making.
  • Strengthened accountability to parliaments and citizens is essential for effective public health governance.