Rights and Participation: The Use of the Charter to Supervise the Regulatory Process

Abstract

The article argues that fundamental justice within the meaning of Section 7 of the Charter guarantees the right to participate in regulatory decisions which put life, liberty or personal security at risk. In particular, the article contends that individuals and groups whose Section 7 interests are threatened by regulatory action have the right to access to the decision-making process, including to funding where necessary, and to any information which is required for effective participation. Such rights apply, the article suggests, not only to adjudication in quasi-judicial settings, but to regulation and rule-making in the broadest sense. The reading of Section 7, it is claimed, is consistent with an interpretation of the Charter which seeks not only to promote individual rights, but to reinforce democracy.

Keywords: Canada, Canadian, law, legal, Constitution, rights, Charter, fundamental justice, Section 7, life, liberty, security, regulation, regulatory, democracy, government, administrative, participation, democratic