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