Interjurisdictional Accountability for Interjurisdictional Problems

Abstract

Emergencies in Canada are necessarily interjurisdictional affairs. They require multiple levels of government to play active roles at all stages of emergency management. The Rouleau Report documented numerous interjurisdictional failures in the 2022 Public Order Emergency, but the mandate and process limited the Commission's investigation of these issues. This commentary examines how past inquiries and long-standing practices in Canadian environmental law could serve as a model to improve interjurisdictional governance and accountability in emergencies. In particular, it recommends amending Section 63 of the Emergencies Act to empower the federal government to constitute a joint inquiry with other affected jurisdictions, including Indigenous Nations, to improve oversight, accountability and learning whenever the federal government invokes the Emergencies Act.