Quarantine legislation in Canada and the BCNDP proposes no-fault car insurance

On the show this week: The Canadian Quarantine Act, and BC Public Health Act powers to quarantine people or order treatment in response to the Wuhan Coronavirus, as well as an analysis of the NDP government’s latest proposal for no-fault car insurance.

The Canadian Quarantine Act and BC Public Health Act provide broad powers to control communicable diseases such as the Wuhan Coronavirus. These include the authority to prohibit entry into Canada by people who have been to a foreign country, or part of a foreign country, in circumstances where there is no reasonable alternative to prevent the introduction or spread of a disease that would pose an imminent and severe risk to public health.

The Quarantine Act imposes an obligation on people to disclose if they might have a communicable disease and the BC Public Health Act obliges people not to willingly cause a health hazard, or act in a manner that a person knows, or ought to know, will cause a health hazard. 

If required, any private place may be designated as a quarantine facility for the purpose of isolating or detaining infected people for the purpose of protecting public health. 

The latest proposal by the provincial NDP government to introduce a no-fault car insurance system is also discussed.

This is the second time an NDP government has attempted to introduce a no-fault system. On the last occasion, back in 1997, this was so unpopular the idea was abandoned. 

A no-fault system is designed to save money by not spending any money determining who was responsible for an accident.

A careless diver, who causes a car accident, would be treated the same way as an innocent person they injure. 

It is for this reason that no-fault system insurance systems are inconsistent with the idea that people should be responsible for the harm they cause. 

While generally good news for careless drivers, who may save money on their car insurance, no-fault regimes can both remove incentives for people to drive safely, and inadequately compensate innocent people who are seriously injured.

Should this proposal for a no-fault system become law in British Columbia, people injured in car accidents could expect similar treatment to that provided by WorkSafeBC (WCB) and would have no meaningful ability to challenge decisions made by ICBC in court.

Follow this link for a transcript of the show and links to the legislation discussed.