Surrey council香蕉视频直播檚 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 香蕉视频直播渆xpressive activity香蕉视频直播� of voting is protected, but a mandate resulting from the vote is not.
Justice Kevin Loo is presiding over the City of Surrey香蕉视频直播檚 judicial review petition aimed at quashing Public Safety Minister Mike Farnworth香蕉视频直播檚 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.
香蕉视频直播淭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,香蕉视频直播� Bant told Loo. 香蕉视频直播淚ndividual rights, it doesn香蕉视频直播檛 depend on the content of what香蕉视频直播檚 being expressed, and those principles I say are fatal to the City香蕉视频直播檚 position.香蕉视频直播�
Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the 香蕉视频直播渃onstitutionality香蕉视频直播� of Farnworth香蕉视频直播檚 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, 香蕉视频直播渨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.香蕉视频直播�
香蕉视频直播淭his is no small matter for municipal democracy,香蕉视频直播� Dennis told Loo, noting election results that fail to deliver results are bound to damage public confidence.
香蕉视频直播淲hy vote if policies are not implemented?香蕉视频直播� he asked rhetorically. 香蕉视频直播淲hy run for office, why participate?香蕉视频直播�
In reply, Bant on Thursday referenced a Supreme Court of Canada decision concerning provincial legislative authority over municipalities, 香蕉视频直播渨hich of course were created by provincial legislatures and may be un-created at any time.香蕉视频直播�
Municipalities and civic bodies such as school boards don香蕉视频直播檛 have independent constitutional status, he told the court, adding the Constitution Act assigns to provincial governments 香蕉视频直播渁bsolute and unfettered legal power to do with them as it wills 香蕉视频直播� very strong language there.香蕉视频直播�
Bant underlined a distinction between Canadian representative democracy versus the concept of direct democracy. In the latter, he noted, 香蕉视频直播渃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, that香蕉视频直播檚 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.香蕉视频直播�
The job of elected officials is to do what香蕉视频直播檚 right, he said, 香蕉视频直播渘ot necessarily what香蕉视频直播檚 popular香蕉视频直播� or what they promised. 香蕉视频直播淭hat香蕉视频直播檚 how representative democracy is supposed to work.香蕉视频直播�
Bant cited a Supreme Court document stating that parliamentary government would be 香蕉视频直播減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.香蕉视频直播�
