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Lawyer says 㽶Ƶֱnothing normal㽶Ƶֱ about City of Surrey㽶Ƶֱs political signage bylaw

B.C. Supreme Court Justice Neil Kent says he has 㽶Ƶֱno clue㽶Ƶֱ 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.

㽶ƵֱI have no clue when I㽶Ƶֱll get a judgment to you,㽶Ƶֱ Justice Nigel Kent said after adjourning the case. 㽶ƵֱBut I will in due course, thank you.㽶Ƶֱ

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 Canada㽶Ƶֱs Charter of Rights and Freedoms.

㽶ƵֱThis is not just political disagreement,㽶Ƶֱ Smith told the judge. 㽶ƵֱThis isn㽶Ƶֱt a couple of political adversaries going at it in the normal cut-and-thrust.

㽶ƵֱAll they㽶Ƶֱre trying to do is make it harder for my clients to participate or to voice their views at all,㽶Ƶֱ he said of Mayor Doug McCallum and 㽶Ƶֱhis council supporters.㽶Ƶֱ

㽶ƵֱThere㽶Ƶֱs nothing normal about that. This suppression of political dissent by the government is exactly what the Charter is supposed to help prevent.㽶Ƶֱ

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 㽶Ƶֱnot for personal reasons, but in an effort to protect political speech and expression in the City.㽶Ƶֱ

Smith argued the amendments were 㽶Ƶֱpart 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.㽶Ƶֱ

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

㽶ƵֱThere was no improper purpose there,㽶Ƶֱ Voell argued. 㽶ƵֱThe petition should be dismissed.

㽶ƵֱThe petitioners appear to want change in the city 㽶Ƶֱ they can effect change at the ballot box.㽶Ƶֱ

Voell told Kent that the constitutional challenge was brought forward for 㽶Ƶֱpolitical purposes㽶Ƶֱ and 㽶Ƶֱthis is a manufactured dispute.㽶Ƶֱ

Meantime, Smith said it㽶Ƶֱs 㽶Ƶֱcrystal clear㽶Ƶֱ that no permits 㽶Ƶֱcan be obtained, I suggest both for the public and the private land signs.㽶Ƶֱ

㽶ƵֱNo one, not even the councillors, knows what this bylaw says,㽶Ƶֱ he added. 㽶ƵֱThere is considerable confusion, even within the city.㽶Ƶֱ



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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