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BREAKING NEWS: Surrey loses policing transition court case

Justice Kevin Loo released his decision Thursday
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Brenda Locke photo by Anna Burns Mike Farnworth photo by THE CANADIAN PRESS/Chad Hipolito

The City of Surrey has lost the judicial review related to the Surrey policing transition. Surrey Mayor Brenda Locke said Thursday afternoon that the CityB次元官网网址檚 legal team is digesting the judgeB次元官网网址檚 decision and council will weigh its options.

Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the CityB次元官网网址檚 petition aimed at quashing Public Safety Minister Mike FarnworthB次元官网网址檚 July 19, 2023 order that the RCMP must be replaced by the Surrey Police Service.

Loo heard final submissions May 3, following a five-day hearing that began April 29 in Vancouver.

In his 26-page reasons for judgment, Loo addressed the CityB次元官网网址檚 argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey votersB次元官网网址 right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

B次元官网网址淚 have concluded that although voting is undoubtedly a protected activity, the B次元官网网址榬esultB次元官网网址 or B次元官网网址榤andateB次元官网网址 arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,B次元官网网址 Loo decided.

B次元官网网址淩egardless of whether the July decision was reasonable or within the MinisterB次元官网网址檚 authority, the provincial legislatureB次元官网网址檚 exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.B次元官网网址

Locke said the court challenge revealed B次元官网网址渉uge holesB次元官网网址 in the transition to the SPS B次元官网网址渙n multiple levelsB次元官网网址 and the B次元官网网址渢rue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.B次元官网网址

B次元官网网址淚 havenB次元官网网址檛 said we are going to appeal and I havenB次元官网网址檛 said we are not going to appeal,B次元官网网址 she stressed. B次元官网网址淚 didnB次元官网网址檛 say we are going to continue with the fight.B次元官网网址 If there were no transition, she added, B次元官网网址渢here would have been no B次元官网网址 zero B次元官网网址 tax increase in the City of Surrey in 2024.B次元官网网址

Farnworth held his press conference Thursday morning. B次元官网网址淭oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,B次元官网网址 he said. B次元官网网址淭he safety of the people in Surrey and across British Columbia has always been my main priority.B次元官网网址

Farnworth held a press conference Thursday morning to announce that B次元官网网址渢oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing. The safety of the people in Surrey and across British Columbia has always been my main priority.B次元官网网址

B次元官网网址淧eople of Surrey want this to be over and IB次元官网网址檓 hopeful that todayB次元官网网址檚 ruling is the time to come together and work towards completing the transition to the Surrey Police Service,B次元官网网址 Farnworth said. B次元官网网址淧olice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that todayB次元官网网址檚 ruling provides certainty to them and their families. To officers in the Surrey RCMP detachment, I know that work is already underway to ensure that your preferred placements are considered and my ministry is working closely with the RCMP as the transition continues.B次元官网网址

Farnworth told reporters itB次元官网网址檚 B次元官网网址減retty clearB次元官网网址 in terms of the arguments the City brought before Loo B次元官网网址渁nd the judge dismissed them. ThatB次元官网网址檚 it in a nutshell.B次元官网网址

In April Farnworth said the SPS will replace the RCMP as the cityB次元官网网址檚 police of jurisdiction on Nov. 29, 2024 and the transition will be complete within two to two-and-a-half years.

Locke announced in November that the City would challenge in court the B次元官网网址榗onstitutionalityB次元官网网址 of the provincial governmentB次元官网网址檚 decision to replace the Surrey RCMP with the Surrey Police Service.

On Oct. 13, the City of Surrey filed its first petition with the Supreme Court of British Columbia. An amended petition to the Oct. 13 filing was then submitted to the court on Nov. 20 with Locke characterizing it as a B次元官网网址渟ignificant step to stop the NDP police serviceB次元官网网址 and a reply to the provincial governmentB次元官网网址檚 B次元官网网址渁ttempted police takeover, which would require a double digit B次元官网网址 double digit B次元官网网址 NDP tax hike on Surrey taxpayers.B次元官网网址

As for the City, Farnworth said Thursday, B次元官网网址淚B次元官网网址檇 really like them to be at the table.B次元官网网址

B次元官网网址淲eB次元官网网址檝e made it clear that the $150 million is there,B次元官网网址 he said. B次元官网网址淚 think it would be really important if the City of Surrey is at the table working to ensure the transition is completed as smoothly and as quickly as possible,B次元官网网址 he said. B次元官网网址淭his has been a very challenging issue I think for everybody and with todayB次元官网网址檚 decision what I would like and I think the people of Surrey would want to see happen is that the City of Surrey comes to the table.B次元官网网址

B次元官网网址淲hat matters the most is that the people of Surrey want this over and now with this court ruling they want the transition to continue with the City of Surrey working in collaboration with the Province,B次元官网网址 Farnworth said. B次元官网网址淚tB次元官网网址檒l be great if the City of Surrey is there but the transition is moving forward.B次元官网网址

Asked if heB次元官网网址檚 anticipating the City will appeal LooB次元官网网址檚 decision, Farnworth replied he doesnB次元官网网址檛 know what the City intends to do. B次元官网网址淚 expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think whatB次元官网网址檚 important is the people of Surrey want this over and this decision certainly indicates that, you know what, itB次元官网网址檚 over.B次元官网网址

Locke said the extra cost to fund the transition will be in the range of $75 million more per year and this will have a negative impact on taxation and infrastructure projects as well. B次元官网网址淭he biggest concern for us right now is the enormous tax burden that is in front of us, the $75 million dollars,B次元官网网址 Locke said, adding that B次元官网网址$75 million is forever, and that will only escalate. We are looking at a generational decision that is being imposed on our city.B次元官网网址

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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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