Surrey councilB次元官网网址檚 mandate to keep the RCMP is not protected under the Charter of Rights and Freedoms, a lawyer representing the provincial government argued.
Lawyer Trevor Bant pressed the point in court May 2 that the B次元官网网址渆xpressive activityB次元官网网址� of voting is protected, but a mandate resulting from the vote is not.
Justice Kevin Loo is presiding over the City of SurreyB次元官网网址檚 judicial review petition aimed at quashing Public Safety Minister Mike FarnworthB次元官网网址檚 July 19, 2023 order that the RCMP must be replaced by the Surrey Police Service. The five-day hearing began April 29 in B.C. Supreme Court in Vancouver.
B次元官网网址淭he key point again being that the expressive activity of voting is protected by 2B, but the result or mandate resulting from the vote is not an expressive activity, is not protected,B次元官网网址� Bant told Loo. B次元官网网址淚ndividual rights, it doesnB次元官网网址檛 depend on the content of whatB次元官网网址檚 being expressed, and those principles I say are fatal to the CityB次元官网网址檚 position.B次元官网网址�
Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the B次元官网网址渃onstitutionalityB次元官网网址� of FarnworthB次元官网网址檚 order.
Earlier in the week, lawyer Craig Dennis, representing the City of Surrey, argued that Surrey voters in the 2022 civic election delivered a mandate to keep the RCMP, B次元官网网址渨hich is inextricable from the vote itself and the integrity of that electoral result, not the policy outcome, is what Surrey seeks to protect from provincial interference.B次元官网网址�
B次元官网网址淭his is no small matter for municipal democracy,B次元官网网址� Dennis told Loo, noting election results that fail to deliver results are bound to damage public confidence.
B次元官网网址淲hy vote if policies are not implemented?B次元官网网址� he asked rhetorically. B次元官网网址淲hy run for office, why participate?B次元官网网址�
In reply, Bant on Thursday referenced a Supreme Court of Canada decision concerning provincial legislative authority over municipalities, B次元官网网址渨hich of course were created by provincial legislatures and may be un-created at any time.B次元官网网址�
Municipalities and civic bodies such as school boards donB次元官网网址檛 have independent constitutional status, he told the court, adding the Constitution Act assigns to provincial governments B次元官网网址渁bsolute and unfettered legal power to do with them as it wills B次元官网网址� very strong language there.B次元官网网址�
Bant underlined a distinction between Canadian representative democracy versus the concept of direct democracy. In the latter, he noted, B次元官网网址渃andidates would be in a strict sense held to their promises. They would be required to do exactly what they promised to do. And that from a policy perspective, thatB次元官网网址檚 actually quite problematic because people who campaign and are elected to office may have very good reason to change their mind once they assume office.B次元官网网址�
The job of elected officials is to do whatB次元官网网址檚 right, he said, B次元官网网址渘ot necessarily whatB次元官网网址檚 popularB次元官网网址� or what they promised. B次元官网网址淭hatB次元官网网址檚 how representative democracy is supposed to work.B次元官网网址�
Bant cited a Supreme Court document stating that parliamentary government would be B次元官网网址減aralyzed if the doctrine of legitimate expectations could be applied to prevent the government from introducing legislation in parliament. Such expectations might be created by statements during an election campaign. The business of government would be stalled while the applications of the doctrine and its effects were argued out in courts.B次元官网网址�
