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Lawyer says 91Ƶnothing normal91Ƶ about City of Surrey91Ƶs political signage bylaw

B.C. Supreme Court Justice Neil Kent says he has 91Ƶno clue91Ƶ 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.

91ƵI have no clue when I91Ƶll get a judgment to you,91Ƶ Justice Nigel Kent said after adjourning the case. 91ƵBut I will in due course, thank you.91Ƶ

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 Canada91Ƶs Charter of Rights and Freedoms.

91ƵThis is not just political disagreement,91Ƶ Smith told the judge. 91ƵThis isn91Ƶt a couple of political adversaries going at it in the normal cut-and-thrust.

91ƵAll they91Ƶre trying to do is make it harder for my clients to participate or to voice their views at all,91Ƶ he said of Mayor Doug McCallum and 91Ƶhis council supporters.91Ƶ

91ƵThere91Ƶs nothing normal about that. This suppression of political dissent by the government is exactly what the Charter is supposed to help prevent.91Ƶ

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 91Ƶnot for personal reasons, but in an effort to protect political speech and expression in the City.91Ƶ

Smith argued the amendments were 91Ƶpart 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.91Ƶ

Matthew Voell, the lawyer representing the City of Surrey, argued the contentious bylaw amendments were driven by city staff recommendations, and 91Ƶnot driven by animus, by council, by the mayor.91Ƶ

91ƵThere was no improper purpose there,91Ƶ Voell argued. 91ƵThe petition should be dismissed.

91ƵThe petitioners appear to want change in the city 91Ƶ they can effect change at the ballot box.91Ƶ

Voell told Kent that the constitutional challenge was brought forward for 91Ƶpolitical purposes91Ƶ and 91Ƶthis is a manufactured dispute.91Ƶ

Meantime, Smith said it91Ƶs 91Ƶcrystal clear91Ƶ that no permits 91Ƶcan be obtained, I suggest both for the public and the private land signs.91Ƶ

91ƵNo one, not even the councillors, knows what this bylaw says,91Ƶ he added. 91ƵThere is considerable confusion, even within the city.91Ƶ



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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