Governments' accountability for Canada's pandemic response

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.