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Lawyer says ѻýnothing normalѻý about City of Surreyѻýs political signage bylaw

B.C. Supreme Court Justice Neil Kent says he has ѻýno clueѻý when he will have a judgement
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Statue of Lady Justice at B.C. Supreme Court in Vancouver. (File photo)

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.

ѻýI have no clue when Iѻýll get a judgment to you,ѻý Justice Nigel Kent said after adjourning the case. ѻýBut I will in due course, thank you.ѻý

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 Canadaѻýs Charter of Rights and Freedoms.

ѻýThis is not just political disagreement,ѻý Smith told the judge. ѻýThis isnѻýt a couple of political adversaries going at it in the normal cut-and-thrust.

ѻýAll theyѻýre trying to do is make it harder for my clients to participate or to voice their views at all,ѻý he said of Mayor Doug McCallum and ѻýhis council supporters.ѻý

ѻýThereѻýs nothing normal about that. This suppression of political dissent by the government is exactly what the Charter is supposed to help prevent.ѻý

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 ѻýnot for personal reasons, but in an effort to protect political speech and expression in the City.ѻý

Smith argued the amendments were ѻýpart 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.ѻý

Matthew Voell, the lawyer representing the City of Surrey, argued the contentious bylaw amendments were driven by city staff recommendations, and ѻýnot driven by animus, by council, by the mayor.ѻý

ѻýThere was no improper purpose there,ѻý Voell argued. ѻýThe petition should be dismissed.

ѻýThe petitioners appear to want change in the city ѻý they can effect change at the ballot box.ѻý

Voell told Kent that the constitutional challenge was brought forward for ѻýpolitical purposesѻý and ѻýthis is a manufactured dispute.ѻý

Meantime, Smith said itѻýs ѻýcrystal clearѻý that no permits ѻýcan be obtained, I suggest both for the public and the private land signs.ѻý

ѻýNo one, not even the councillors, knows what this bylaw says,ѻý he added. ѻýThere is considerable confusion, even within the city.ѻý



tom.zytaruk@surreynowleader.com

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About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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