More is at stake here than the political drama of a council majority simply striking out at seven Surrey residents by asking a judge to prohibit them from attending council meetings.

Former Surrey mayor Bose Bose says it乌鸦传媒檚 a test case which, if the City of Surrey乌鸦传媒檚 petition to the court is successful, will have serious ramifications for democracy at the civic level in Canada.

乌鸦传媒淚t乌鸦传媒檚 an outrageous overkill,乌鸦传媒� Bose told the Now-Leader. 乌鸦传媒淲hat have these seven senior citizens done? They乌鸦传媒檝e done absolutely nothing; they乌鸦传媒檙e being accused of all kinds of things.乌鸦传媒�

乌鸦传媒淭his thing is totally out of hand,乌鸦传媒� he said. 乌鸦传媒淚 understand for the seven to respond, they would incur tens of thousands of dollars in legal costs. Nobody乌鸦传媒檚 going to do it pro bono.乌鸦传媒�

乌鸦传媒淚n my opinion this is a test case that deals with the powers of council to prohibit participation. It乌鸦传媒檚 draconian,乌鸦传媒� Bose said. 乌鸦传媒淭he respondents need to have legal representation. It乌鸦传媒檚 far more than a case where I乌鸦传媒檓 putting on a square-foot addition to my house without permits and in violation of a zoning bylaw. For this matter to be fairly adjudicated, the respondents need to respond, and they need to have adequate legal counsel to respond properly. It乌鸦传媒檚 a serious matter and it needs to be seriously adjudicated.乌鸦传媒�

A petition to the court was filed by Lidstone & Company on behalf of the City of Surrey on Oct. 18, at the B.C. Supreme Court registry in Vancouver, asking the court to prohibit seven Surrey residents 乌鸦传媒渇rom physically attending City of Surrey Council and Committee meetings in person, until Council determines otherwise乌鸦传媒ξ谘淮�媒�

The respondents named in the petition are Annie Kaps, Debbie (Debi) Johnstone, Colin Pronger, Ivan Scott, Merle (Meryl) Scott, Marilyn Smith and Linda Ypenburg. They have 21 days to respond.

乌鸦传媒淭he respondents are regularly opposed to the policy decisions of the City乌鸦传媒檚 Mayor and Council and have regularly made this opposition known through written correspondence and submissions to Council and City staff, as well as attending and appearing at Council meetings,乌鸦传媒� the petition states, and alleges that 乌鸦传媒渙n numerous occasions, the political opposition of the respondents has exceeded the bounds of respectful opposition.乌鸦传媒�

Bose argues the City of Surrey has an obligation to indemnify the seven respondents for their legal costs 乌鸦传媒渋f they乌鸦传媒檙e serious about expanding the scope of denying citizens participation. This is no ordinary case.乌鸦传媒�

The Safe Surrey Coalition majority on city council passed a motion during a land use meeting on Sept. 19 designed to 乌鸦传媒減rotect the democratic process乌鸦传媒� by banning some speakers from attending public hearings in council chambers and to ensure 乌鸦传媒渁 safe and respectful environment乌鸦传媒� for council and staff.

Coun. Brenda Locke, who is seeking election for Surrey mayor in next year乌鸦传媒檚 election as the Surrey Connect candidate, says she and other councillors were 乌鸦传媒渂lindsided乌鸦传媒� by that motion because it also authorized staff to take further steps including seeking court orders.

乌鸦传媒淚 didn乌鸦传媒檛 really realize that because we didn乌鸦传媒檛 have a copy in front of us,乌鸦传媒� she said. 乌鸦传媒淎s I said, we were all blindsided.乌鸦传媒�

Locke said despite researching the issue she has 乌鸦传媒渘ever found a council anywhere in Canada that has done this, so I would assume that there will be a lot of eyes watching to see how this moves forward.乌鸦传媒�

Coun. Jack Hundial, also of Surrey Connect, called the city乌鸦传媒檚 petition to the court 乌鸦传媒渇rankly uncalled for. There乌鸦传媒檚 no reason to do this and it乌鸦传媒檚 just another huge black eye for the city, the city doesn乌鸦传媒檛 need it. I think a huge overreach by government. Really, people乌鸦传媒檚 rights a freedoms.乌鸦传媒�

Mayor Doug McCallum could not be reached for comment. Coun. Doug Elford, of the Safe Surrey Coalition, said Friday said he乌鸦传媒檚 乌鸦传媒渘ot quite sure乌鸦传媒� what precipitated the court petition beyond the original council resolution. 乌鸦传媒淚 have put a call into legal right now, waiting for a call back,乌鸦传媒� he said. 乌鸦传媒淚 don乌鸦传媒檛 have answer for you right now. I乌鸦传媒檝e got my feelers out on this to find out what precipitated the reasoning for it, and that乌鸦传媒檚 where we乌鸦传媒檙e at.乌鸦传媒�

Ivan Scott, one of the seven respondents, said Friday he hadn乌鸦传媒檛 been served yet. Fighting the petition will no doubt be costly, he said.

乌鸦传媒淭his is just another typical way that he乌鸦传媒檚 trying to intimidate us, bully us and try and shut us down and restrict any type of resistance to anything he does,乌鸦传媒� Scott said of the mayor, 乌鸦传媒渁nd especially the Keep the RCMP in Surrey campaign.乌鸦传媒�

Scott hopes a lawyer might take on their case pro bono considering it乌鸦传媒檚 乌鸦传媒渁bsolutely in the public interest.乌鸦传媒�

乌鸦传媒淲e乌鸦传媒檙e just a group of volunteers here,乌鸦传媒� he said. 乌鸦传媒淭hey should indemnify us if they乌鸦传媒檙e going to fight their own citizens. In a case like this, they should in actual fact guarantee our legal costs, or stand for them anyway. That should be in the interests of the public. To just nail meal is not really in the interest of the public.乌鸦传媒�

乌鸦传媒淚f there was somebody who is interested in us and looking at this as a pro bono, we乌鸦传媒檇 happily talk to him,乌鸦传媒� Scott said.

tom.zytaruk@surreynowleader.com
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