A B.C. Supreme Court judge has reserved his decision on the City of SurreyB次元官网网址檚 judicial review 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.

Justice Kevin Loo did this after hearing final submissions May 3, concluding a five-day hearing that began April 29 in Vancouver.

B次元官网网址淚 am aware of the urgency of the matter,B次元官网网址� Loo said. B次元官网网址淚B次元官网网址檒l make no specific promises except to say that I will do my best to get you a decision as quickly as reasonably possible. In conclusion IB次元官网网址檒l just say that the excellence of counsel this week is not surprising, but IB次元官网网址檓 grateful for it nonetheless, and IB次元官网网址檓 thankful for your thoughtful, very considered and eloquent submissions.B次元官网网址�

During final submissions, Craig Dennis, the lawyer representing the City of Surrey, said the B次元官网网址渆nd resultB次元官网网址� was that Farnworth imposed the SPS on Surrey B次元官网网址渨ith nobody, nobodyB次元官网网址� having done a comprehensive assessment of the impacts.

B次元官网网址淚n my submission, this is too large an undertaking to impose without those impacts having been assessed,B次元官网网址� Dennis told Loo.

Dennis said the provincial governmentB次元官网网址檚 position involved a B次元官网网址渞ecastingB次元官网网址� of the CityB次元官网网址檚 arguments. B次元官网网址淚t shifts the terms of reference away from what the CityB次元官网网址檚 actually argued. Again, respectfully, in doing so it hasnB次元官网网址檛 grappled with the crux of the positions,B次元官网网址� Dennis said.

Trevor Bant, representing the provincial government, argued that concerning any meeting between Surrey Mayor Brenda Locke and Premier David Eby regarding the policing transition, B次元官网网址渢hereB次元官网网址檚 no suggestion here in the evidence that there was any agreement about the substance of the decision the minister was going to make.B次元官网网址� At any rate, he added, nothing discussed between the premier and mayor B次元官网网址渃ould fetter the ministerB次元官网网址檚 discretion.B次元官网网址�

B次元官网网址淭he statutory power of decision was the ministerB次元官网网址檚 and the administrative law required him to exercise, to make that decision independently. It would not be lawful for the minister to implement the decision that had been made by someone else in government and communicated to him.B次元官网网址�

B次元官网网址淚 say that the ministerB次元官网网址檚 decision is reasonable and the City has not shown that it is unreasonable,B次元官网网址� Bant said. B次元官网网址淭he fact that all of the details werenB次元官网网址檛 yet worked out for Phase 2, that doesnB次元官网网址檛 make the decision unreasonable.B次元官网网址�

Bant told Loo that while the minister is B次元官网网址渁ppropriately sensitiveB次元官网网址� to costs, ultimately his statutory responsibility is to ensure B次元官网网址渁n adequate and effective level of policing is maintained throughout British Columbia.

B次元官网网址淗eB次元官网网址檚 fundamentally focused on public safety, and after he reached the conclusion that the plan was not safe, that was really the end of the analysis, for him,B次元官网网址� he said. B次元官网网址淚 donB次元官网网址檛 understand the City to take the position that cost is a sufficient reason to set aside the decision. That is, I donB次元官网网址檛 understand the City to be saying even if the minister was right, that the plan was dangerous, still he should have approved it because of cost. Rather I take the City to be saying that the additional cost is not justified by any public safety benefit.B次元官网网址�

Bant argued that the $75-million difference per year between the cost of the SPS versus the RCMP is based on an B次元官网网址渁pples to orangesB次元官网网址� comparison of 734 Mounties compared to 900 SPS officers.

B次元官网网址淭hatB次元官网网址檚 not a like-to-like comparison,B次元官网网址� he said, nor does it take into account severance obligations at $113.3 million for SPS officers and management, according to the CityB次元官网网址檚 estimate.

Meantime, Dennis turned to BantB次元官网网址檚 argument that the statutory authority Farnworth possessed was the power B次元官网网址渕erely to approve, or not, the CityB次元官网网址檚 plan to keep the RCMP.

B次元官网网址淓ven if that were so, thatB次元官网网址檚 not the decision the minister made, and it is not therefore the statutory authority the respondents have defined,B次元官网网址� Dennis maintained. B次元官网网址淭he minister did not merely disapprove the CityB次元官网网址檚 plan, which would entail presumably sending the City back to the drawing board. Instead, the minister purported to order that the SPS be the method of policing in Surrey.B次元官网网址�

B次元官网网址淎nd as I listened to my friend,B次元官网网址� Dennis said, referring to Bant, B次元官网网址淚 did not hear an attempt to argue the minister had that power.

B次元官网网址淢y friend, however, in his submissions was at pains to describe a different, lesser power B次元官网网址� all the minister could consider was public safety and all he could do was approve the CityB次元官网网址檚 plan, or not,B次元官网网址� Dennis continued. B次元官网网址淚f my friend is right about that, and even on my friendB次元官网网址檚 terms, the minister exceeded his jurisdiction because he did much more than simply approve or not the CityB次元官网网址檚 plan.B次元官网网址�

Dennis said Surrey has never claimed or implied that a policy is entitled to charter protection but rather sought for protection of the integrity of the civic election, B次元官网网址渋n which Surrey voters, having been given a choice over policing, exercised that choice through voting, saw their representatives seek to implement that choice, and then saw the Province nullify that choice through legislation.B次元官网网址�

Dennis argued that Farnworth only has the powers B次元官网网址渃onferred to him by the statute; he cannot exercise powers beyond what the legislation conferred.B次元官网网址�

Last week, Loo sealed information related to SPS operation plans and policies concerning covert and undercover operations, precise RCMP/SPS staffing levels and RCMP contingency plans, finding B次元官网网址渁n important public interest at stake.B次元官网网址�

The judge heard about a deal reached between Locke and Eby, contained in an affidavit from a political advisor and note-taker for the mayor, before Farnworth B次元官网网址渞enegedB次元官网网址� on it. Bant argued itB次元官网网址檚B次元官网网址渋rrelevantB次元官网网址� whether they struck a deal on the cityB次元官网网址檚 policing transition before Farnworth issued his edict July 19, 2023.

Dennis argued FarnworthB次元官网网址檚 order to press on with SPS is akin to replacing the B次元官网网址渨inner with the runner-upB次元官网网址� by overriding Surrey councilB次元官网网址檚 desire under Locke to keep the RCMP and enforcing the previous councilB次元官网网址檚 desire, under former mayor Doug McCallum, to install the SPS as the cityB次元官网网址檚 police of jurisdiction.

Bant argued that Surrey councilB次元官网网址檚 mandate to keep the RCMP is not protected under the Charter of Rights and Freedoms, and the City understood Farnworth had the power to make a decision on the future of policing in Surrey but only objected when it didnB次元官网网址檛 get its way.