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