Akinbobala v. Canada ( Attorney General )
T-646-97
Muldoon J.
12/12/97
17 pp.
Responsible government-Executive branch-Cabinet-Appeal from Prothonotary's decision striking out, pursuant to R. 419, application for mandamus directing respondent to accept applicant's proposal for amendments to Broadcasting Act, proposed to tender proposal before Federal Cabinet and for Cabinet to consider-Proposing licensing of own enterprise to market services in Canada of United States broadcaster not licensed to broadcast in Canada-Applicant would thus be acting as agent of U.S. broadcaster-Applicant told proposal contrary to objectives of Canadian Broadcasting and Radiocommunication Acts and it would take amendment to Broadcasting Act to make proposal legal-Applicant attempted to have Canadian authorities consider amendments to Broadcasting Act, but could not get proposal submitted to Cabinet, hence application to "force" Cabinet to consider it-Application dismissed-Dearth of case law on duties and functions of Cabinet (not even mentioned in Constitution) but abundant doctrine-Cabinet part of Privy Council composed of ministers and secretaries of State whom Prime Minister regards as such-Cabinet only active part of Privy Council, and exercises powers of that body-Cabinet, in most matters supreme executive authority-Prime Minister's powers (selection of ministers and dissolving Parliament for election) ensuring his voice most influential within Cabinet-Cabinet in effect making decisions required to be made by "Governor in Council" or by particular minister: Constitutional Law of Canada, Peter W. Hogg, 3rd ed.: Carswell, 1992-No mention of any right of citizen to compel federal or provincial Cabinet minister to place citizen's project for consideration before Cabinet-Establishing Cabinet's agenda Prime Minister's exclusive right-Not open to applicant to compel Cabinet minister to put his project on Cabinet's agenda-By convention, custom and practice, Cabinet master of own business, and no basis in law for alleged right of citizens to require matter be included on Cabinet's agenda, or that Cabinet consider, or discuss, matter-Citizen at liberty to promote project by speaking, writing, criticizing, lobbying-Citizen may obtain official Cabinet response by having Member of Parliament place his petition before House of Commons-No lawful duty of respondents herein to obey applicant's requirement to have project placed before Cabinet-Matter simply not justiciable-If individuals could dictate what matters or projects have to be discussed by Cabinet, opponents of government (as little as thousand) could easily tie up Cabinet's agenda, to extreme detriment of its proceeding with government's legitimate business-Federal Court Rules, C.R.C., c. 663, R. 419.