Thread by @sunnshiiny

While it would be prudent to light some bonfires under the feet of premiers west of the Maritimes, this article is disinformation & poorly sourced.

Sorry @journo_dale @LooniePolitics

But it is.

Incorrect information can’t be permitted to cloud the public’s perception.

https://twitter.com/tabathasouthey/status/1328691828653166593

The premise of the article is that provinces have the exclusive jurisdiction over healthcare.

This statement is categorically FALSE.

Since Confederation, health has ALWAYS been a shared responsibility.

Or that’s what the Supreme Court of Canada has ruled. Repeatedly.

There are several documented articles and legal opinions available that define the federal government’s role in healthcare. Here is one. lop.parl.ca/sites/PublicWe…

Yes, provinces are responsible for hospitals and delivery of medical services.

But the federal government is responsible for funding those services and can shape how they are delivered by setting standards and attaching requirements to said funding.

A clause of the constitution has always included powers of federal authority to be used in an emergency.

If provinces are incapable (and I assume that includes unwilling) to address an emergency, it is within the purview of the federal government to intrude on areas generally of exclusive provincial purview.

This pandemic has presented one of those circumstances.

As described in the Loonie Politics article, several premiers have abdicated their responsibilities and refuse to protect the public’s health.

It is completely within the constitutional powers of the federal government to take over that role and protect the people of Canada.

If there ever is a showdown between federal and provincial governments for the control of a COVid strategy, the federal government is well within its purview to act and assume national coordination & control, when provincial governments have proven incapable or unwilling.

And if it does get to that point, which it appears more likely every day, there will be many on the right screaming blue murder and that the federal government is intruding on exclusive domain of provinces.

The public’s response will influence the success and impact of Feds.

Premiers will use disinformation, like the Looney Politics article, to back claims that the federal government has overreached its powers.

Because the public doesn’t often read legal opinions & the constitution; putting faith in journalists to CORRECTLY interpret Canadian laws.

I don’t write this thread to embarrass or humiliate @journo_dale.

I just happen to live in the province with the premier who will definitely use this baseless argument, and who already has, a few times this week.

Jason Kenney has already voiced his opinion that he has exclusive decision making authority to decide the fate of Albertans.

Kenney is gaslighting Albertans & the rest of Canada.

Health, especially public health, IS a SHARED responsibility between federal & provincial govts.

The lives of many Albertans may depend on that very soon. Albertans can not afford for disinformation to be propagated by well meaning journalists who haven’t done their homework.

May I suggest a retraction and amendment of the article? Millions of lives depend on fact & truth.

I also don’t want there to be any question that the federal government is completely within its purview and legal right to take over provincial COVid mitigation. In fact it’s an obligation for the Feds to step in if premiers cannot get COVid under control.

So here is more information:

loc.gov/law/help/healt…

And more

And more.

And more. This is from Dentons. A law firm close to UCP and Jason Kenney.

More from Dentons.

More from Dentons

And more from Public Safety Canada. Policy created when Jason Kenney was a federal MP.

publicsafety.gc.ca/cnt/rsrcs/pblc…

Another legal opinion. Notice the acknowledgement that Federal government planned to invoke Emergency Powers. But it was blocked by premiers, Scheer (CPC) and Singh (NDP).

Imagine if feds were in charge. We might look like New Zealand.

mondaq.com/canada/food-dr…

This research article flags provincial unwillingness to collaborate during a public health emergency.

It was produced during Harper’s govt. So CPC was aware for 9 years that Feds needed additional legislation to ensure cooperation with federal strategy.

ncbi.nlm.nih.gov/pmc/articles/P…

Weird that the former MP in Harper’s cabinet who is now premier of Alberta is putting up the biggest resistance to a federal strategy that actually protects the public’s health.

Or is it? 🤷🏻‍♀️