Handing public health responsibility over to the feds has keeps getting brought up during this pandemic. And its true, many provinces are failing or have failed at managing COVID-19. But a federal approach would be difficult to implement for a vaccination distribution program : https://twitter.com/NightShiftMD/status/1346817515222147077

From a legal standpoint, there are major limits of triggering Canada's federal emergency law during the pandemic. Under our constitutional division of powers framework, power over public health is a shared responsibility.

The provinces have authority derived from the Constitution for the delivery of health care; whereas the federal government's power is more piecemeal.

The feds can gain power by invoking the Emergencies Act, but it can only be done in situations where the provinces do not have the capacity nor authority to deal with the issue.

While we have seen failure from our governments in vaccination distribution, this doesn't point to inadequate capacity. Its a result of poor leadership and planning, and placing profit over people (I'm looking at you, Ford).

Invoking a national emergency might actually end up being more catastrophic because frankly, the federal government doesn't have the ability to micro-manage a health care system. They don't have the skill set nor man power.

Of course, this is all speculation because none of this has ever been done. The federal emergency powers have no substantive requirements, so in theory, they could enact orders of who runs what, and that might work as a happy compromise.

But all of this would rely on political will. Would premiers and their provincial governments continue to be engaged and help with distribution and containment efforts?