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Surrey asking court to block seven residents from council meetings 91Ƶoutrageous overkill,91Ƶ former mayor says

91ƵThis thing is totally out of hand,91Ƶ Bob Bose says
27009326_web1_211104-SUL-CourtSurreyCouncil-court-_1
Statue of Lady Justice at B.C. Supreme Court in Vancouver. (File photo)

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 it91Ƶs a test case which, if the City of Surrey91Ƶs petition to the court is successful, will have serious ramifications for democracy at the civic level in Canada.

91ƵIt91Ƶs an outrageous overkill,91Ƶ Bose told the Now-Leader. 91ƵWhat have these seven senior citizens done? They91Ƶve done absolutely nothing; they91Ƶre being accused of all kinds of things.91Ƶ

91ƵThis thing is totally out of hand,91Ƶ he said. 91ƵI understand for the seven to respond, they would incur tens of thousands of dollars in legal costs. Nobody91Ƶs going to do it pro bono.91Ƶ

91ƵIn my opinion this is a test case that deals with the powers of council to prohibit participation. It91Ƶs draconian,91Ƶ Bose said. 91ƵThe respondents need to have legal representation. It91Ƶs far more than a case where I91Ƶm 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. It91Ƶs a serious matter and it needs to be seriously adjudicated.91Ƶ

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 91Ƶfrom physically attending City of Surrey Council and Committee meetings in person, until Council determines otherwise91Ƶ91Ƶ

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.

91ƵThe respondents are regularly opposed to the policy decisions of the City91Ƶs 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,91Ƶ the petition states, and alleges that 91Ƶon numerous occasions, the political opposition of the respondents has exceeded the bounds of respectful opposition.91Ƶ

Bose argues the City of Surrey has an obligation to indemnify the seven respondents for their legal costs 91Ƶif they91Ƶre serious about expanding the scope of denying citizens participation. This is no ordinary case.91Ƶ

The Safe Surrey Coalition majority on city council passed a motion during a land use meeting on Sept. 19 designed to 91Ƶprotect the democratic process91Ƶ by banning some speakers from attending public hearings in council chambers and to ensure 91Ƶa safe and respectful environment91Ƶ for council and staff.

Coun. Brenda Locke, who is seeking election for Surrey mayor in next year91Ƶs election as the Surrey Connect candidate, says she and other councillors were 91Ƶblindsided91Ƶ by that motion because it also authorized staff to take further steps including seeking court orders.

91ƵI didn91Ƶt really realize that because we didn91Ƶt have a copy in front of us,91Ƶ she said. 91ƵAs I said, we were all blindsided.91Ƶ

Locke said despite researching the issue she has 91Ƶnever 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.91Ƶ

Coun. Jack Hundial, also of Surrey Connect, called the city91Ƶs petition to the court 91Ƶfrankly uncalled for. There91Ƶs no reason to do this and it91Ƶs just another huge black eye for the city, the city doesn91Ƶt need it. I think a huge overreach by government. Really, people91Ƶs rights a freedoms.91Ƶ

Mayor Doug McCallum could not be reached for comment. Coun. Doug Elford, of the Safe Surrey Coalition, said Friday said he91Ƶs 91Ƶnot quite sure91Ƶ what precipitated the court petition beyond the original council resolution. 91ƵI have put a call into legal right now, waiting for a call back,91Ƶ he said. 91ƵI don91Ƶt have answer for you right now. I91Ƶve got my feelers out on this to find out what precipitated the reasoning for it, and that91Ƶs where we91Ƶre at.91Ƶ

Ivan Scott, one of the seven respondents, said Friday he hadn91Ƶt been served yet. Fighting the petition will no doubt be costly, he said.

91ƵThis is just another typical way that he91Ƶs trying to intimidate us, bully us and try and shut us down and restrict any type of resistance to anything he does,91Ƶ Scott said of the mayor, 91Ƶand especially the Keep the RCMP in Surrey campaign.91Ƶ

Scott hopes a lawyer might take on their case pro bono considering it91Ƶs 91Ƶabsolutely in the public interest.91Ƶ

91ƵWe91Ƶre just a group of volunteers here,91Ƶ he said. 91ƵThey should indemnify us if they91Ƶre 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.91Ƶ

91ƵIf there was somebody who is interested in us and looking at this as a pro bono, we91Ƶd happily talk to him,91Ƶ Scott said.



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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