Public Consultation and Lawmaking
A government proposes new digital legislation. A consultation period opens. Submissions pour in. The bill passes—bearing little resemblance to what most submitters requested. Public consultation promises democratic input but may deliver something less. When is consultation meaningful, and when is it performance?
Forms of Consultation
Regulatory Proceedings
The CRTC conducts formal proceedings with structured opportunities for written submissions, interrogatories, and sometimes oral hearings. Decisions explain how submissions were considered. These proceedings have legal structure and create records.
Parliamentary Consultations
Parliamentary committees hold hearings on bills, inviting witnesses and accepting written submissions. Committee reports summarize what was heard. Governments are not bound by committee conclusions.
Online Consultations
Government conducts online consultations through portals that collect public input on policy questions. These may gather thousands of responses but have less formal structure than regulatory proceedings.
Discussion Papers
Governments release discussion papers outlining policy options and inviting comment. These shape debate but do not commit government to any outcome.
What Makes Consultation Meaningful
Genuine Openness
Consultation is meaningful when government has not already decided the outcome. If a decision is made and consultation seeks only to legitimate it, participation is performance, not influence.
Accessible Process
Consultation should be accessible to those affected—clear language, adequate time, accessible formats, outreach to affected communities. Processes accessible only to experts or resourced organizations exclude most citizens.
Responsive Outcomes
Consultation is meaningful when input affects outcomes. Decision-makers should explain how input was considered and why decisions were made. "We heard you but disagree" is more honest than ignoring input entirely.
Representative Input
Consultation input is meaningful when it represents affected populations, not just organized interests. Self-selected participation may not reflect broader views.
Problems with Consultation
Consultation Fatigue
Government conducts many consultations. Citizens, civil society organizations, and even industry struggle to participate in all relevant proceedings. Those with resources participate more; those without participate less.
Expertise Barriers
Technical policy questions require expertise to engage meaningfully. Consultations on telecommunications regulation, algorithmic accountability, or privacy frameworks assume knowledge most people lack.
Time Constraints
Consultation periods may be too short for meaningful participation, particularly for organizations that need internal approval processes or for citizens with limited time.
Performative Consultation
Governments may consult to appear democratic while having already decided. Consultation becomes box-checking rather than genuine input-seeking.
Industry Dominance
Well-resourced industry participants may dominate consultations, submitting extensive material that shapes debate while public interest submissions are marginalized.
Improving Consultation
Earlier engagement: Consulting before proposals are developed, when options are genuinely open.
Accessible formats: Plain language summaries, multiple submission formats, extended timelines.
Targeted outreach: Actively reaching affected communities rather than waiting for self-selected participation.
Deliberative approaches: Citizens' assemblies, deliberative panels, and other methods that support informed participation.
Response accountability: Requiring government to explain how input was considered and why decisions were made.
The Question
If consultation promises democratic input but delivers industry dominance and performative participation, then the gap between promise and reality undermines democratic legitimacy. What would meaningful consultation look like? How can consultation processes be reformed to genuinely incorporate public input? And how should citizens respond when consultation appears to be performance rather than participation?