Controversial ban on political signs in Surrey challenged in B.C. Supreme Court

A controversial bylaw banning political signs in the city of Surrey is being challenged in B.C. Supreme Court Tuesday.

The petition was filed by the grassroots “Keep the RCMP in Surrey” campaign, which has been embroiled in a series of legal battles with the mayor and his majority on council.

The group argues that the bylaw infringes on residents’ right to freedom of expression and are now fighting to prove that it is unconstitutional.

The bylaw was amended back in October in a 5-4 vote supported by the mayor and his party’s council majority.

It prohibits political signs from being displayed on private property until an election or referendum has officially been called.

"It expanded the definition of political signs, which previously had related only to election signs or specific candidates' specific parties to include any political issue," said Kevin Smith, the lawyer for the petitioners.

"It also set particular times when those signs could be posted, essentially, from when the writ drops, starting an election to two weeks after the election," Smith told CTV News.

There was a lot of confusion during proceedings Tuesday morning about how the bylaw was being enforced, after the lawyer for the city claimed Surrey was not purporting a ban on political signs, to which the judge replied, "Why are we here then?"

The lawyer for the petitioners then went on to list a number of examples in which bylaw officers removed signs from residents' properties.

“Keep the RCMP in Surrey” signs have been displayed on many residents' lawns across the city in protest of the transition to a municipal force, a key campaign promise from Mayor Doug McCallum.

It’s one of the most contentious issues in the city and has deeply divided city council.

CTV News reached out the mayor's office for comment on the petition.

"As this matter if before the courts, the city will not be commenting," replied a spokesperson by email.

Several residents involved in the challenge were banned from city council meetings back in September in what the mayor called a bid to quote "protect the democratic process."

“They claimed that we were being abusive to staff. We would never do that. Because we all know how hard it must be to work at city hall during this mayor's term,” said Marliyn Smith, one of the banned residents.

The seven banned residents filed a petition to the Supreme Court to have their ban overturned, but it was eventually lifted by council anyway.

"This is a culmination of three years three and a half years of being ostracized and chased by McCallum. We've drawn the line in the sand today and we'll see where that goes from here," said Ivan Scott, the organizer of the "Keep the RCMP in Surrey" campaign.

Heckling and other disruptions have become routine at Surrey city council meetings in recent years.

On Monday night, the mayor warned several residents that they would be asked to leave after they clapped and heckled him during proceedings.

Their outrage appeared to stem from a letter from B.C.'s ombudsperson sent to council before Monday's meeting.

In the letter, Jay Chalke expressed "concern" and "disappointment" following Surrey's recent bylaw amendment, preventing the ethics commissioner from hearing new complaints until the next municipal election is over.

Chalke wrote to McCallum and council saying, "The recent changes, restrictions, and lack of accountability and transparency have weakened the credibility of the office."

Chalke said he was disappointed council did not adopt a recommendation to make information public about code of conduct complaints and investigations.