Surrey residents challenging the constitutionality of city bylaw amendments that govern the placement of political signs on private property await a verdict that was reserved after final arguments were heard Wednesday in B.C. Supreme Court in Vancouver.
BԪַI have no clue when IBԪַll get a judgment to you,BԪַ Justice Nigel Kent said after adjourning the case. BԪַBut I will in due course, thank you.BԪַ
Lawyer Kevin Smith, representing the plaintiffs, argued that the bylaw as amended on Oct. 18, 2021 presents an unconstitutional infringement on their freedom of expression under CanadaBԪַs Charter of Rights and Freedoms.
BԪַThis is not just political disagreement,BԪַ Smith told the judge. BԪַThis isnBԪַt a couple of political adversaries going at it in the normal cut-and-thrust.
BԪַAll theyBԪַre trying to do is make it harder for my clients to participate or to voice their views at all,BԪַ he said of Mayor Doug McCallum and BԪַhis council supporters.BԪַ
BԪַThereBԪַs nothing normal about that. This suppression of political dissent by the government is exactly what the Charter is supposed to help prevent.BԪַ
The petition was launched by Surrey residents Annie Kaps, Debra (Debi) Johnstone, Colin Pronger, Ivan Scott, Merle Scott and Linda Ypenburg, all members of Keep the RCMP in Surrey. The amended bylaw resulted in them removing related signage from their properties but their petition to the court states they are challenging the amendments to the sign bylaw BԪַnot for personal reasons, but in an effort to protect political speech and expression in the City.BԪַ
Smith argued the amendments were BԪַpart of a continuing pattern of behaviour that discloses animus, bias and various steps by the mayor and his supporters to silence the opposition of the petitioners.BԪַ
Matthew Voell, the lawyer representing the City of Surrey, argued the contentious bylaw amendments were driven by city staff recommendations, and BԪַnot driven by animus, by council, by the mayor.BԪַ
BԪַThere was no improper purpose there,BԪַ Voell argued. BԪַThe petition should be dismissed.
BԪַThe petitioners appear to want change in the city BԪַ they can effect change at the ballot box.BԪַ
Voell told Kent that the constitutional challenge was brought forward for BԪַpolitical purposesBԪַ and BԪַthis is a manufactured dispute.BԪַ
Meantime, Smith said itBԪַs BԪַcrystal clearBԪַ that no permits BԪַcan be obtained, I suggest both for the public and the private land signs.BԪַ
BԪַNo one, not even the councillors, knows what this bylaw says,BԪַ he added. BԪַThere is considerable confusion, even within the city.BԪַ
tom.zytaruk@surreynowleader.com
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