The Cabinet and the Constitution - Participatory Rights and Charter Interests: Manicom v. County of Oxford

Abstract

This article discusses the need for public participation in regulatory decisions that affect fundamental rights protected by the Canadian Charter of Rights and Freedoms, focusing on the environmental review and Cabinet decision-making processes at issue in the Manicom v County of Oxford case. The author argues that, when section 7 of the Charter is implicated, access to Cabinet decision-making is required in order to comply with the Constitution. The paper concludes that, notwithstanding its policy rationale, the Cabinet appeal process at issue in the Manicom case failed to meet section 7 standards of fundamental justice and the goal of ensuring citizens' Charter rights to meaningful participation in government decision-making.

Keywords: Canada, law, policy, public participation, regulation, decision, decision-making, Charter of Rights, Cabinet, Manicom, County of Oxford, section 7, Constitution, fundamental justice, participation