The City of SurreyB次元官网网址檚 petition for a judicial review aimed at quashing Public Safety Minister Mike FarnworthB次元官网网址檚 order to replace the RCMP with the Surrey Police Service is now before Justice Kevin Loo in B.C. Supreme Court in Vancouver court, as the five-day hearing began Monday morning (April 29).
The day began with discussion concerning proposed redactions and sealing orders, with the provincial governmentB次元官网网址檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The CityB次元官网网址檚 legal counsel opposed the order sought.
B次元官网网址淚tB次元官网网址檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,B次元官网网址� the ProvinceB次元官网网址檚 lawyer Trevor Bant argued. B次元官网网址淚t doesnB次元官网网址檛 relate to anything that is at issue.B次元官网网址�
Loo replied B次元官网网址渋t may well be relevant to this petition.B次元官网网址�
B次元官网网址淚tB次元官网网址檚 my responsibility to make sure that the court principle, or the principle of court openness is impacted as little as possible by a sealing order,B次元官网网址� the judge noted.
Lawyer Craig Dennis, representing the City of Surrey, told Loo that B次元官网网址渢he city is not seeking to seal or withhold any information in this proceeding, itB次元官网网址檚 the Province that seeks to do so.B次元官网网址�
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Concerning some information, he said, B次元官网网址渓etB次元官网网址檚 be clear what the Province is asking, Justice, what the Province is asking for in respect (to an exhibit) is not to seal it from the public, itB次元官网网址檚 to seal it from you, Justice.B次元官网网址�
B次元官网网址淭heyB次元官网网址檙e not going to give it to you, judge. TheyB次元官网网址檙e not going to give it to you what the minister had, theyB次元官网网址檙e not going to give it to the petitioner, the party bringing the challenge.B次元官网网址�
B次元官网网址淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,B次元官网网址� Dennis said.
He said that in his B次元官网网址渞espectful submission it would be quite an unprecedented order, what the Province is asking you to make, to deny even your own ability to review something that the minister had without any evidence or basis to conclude what interest, but important public interest, would be vindicated in doing so.B次元官网网址�
Loo is expected to rule on the sealing and redaction order request Tuesday.
City challenging B次元官网网址榗onstitutionalityB次元官网网址� of police decision
Surrey Mayor Brenda Locke announced in November that the city is challenging in court the B次元官网网址渃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 SPS.
On Oct. 13, 2023, the City of Surrey filed its first petition with the Supreme Court of British Columbia seeking a judicial review of Public Safety Minister Mike FarnworthB次元官网网址檚 July 19, 2023 order to proceed with the SPS. An amended petition to the Oct. 13 filing was then submitted to the court on Nov. 20, 2023, 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�
Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it wonB次元官网网址檛 have an impact on the transition.
B次元官网网址淚t is not about overturning the decision that was made, and we are confident in our position, and if it were to go the other way, it would bring it back to what is the law of the province today, and the law of the province today is Surrey will be policed by the Surrey Police Service,B次元官网网址� he said.
For LockeB次元官网网址檚 part, she told the Now-Leader that B次元官网网址渇or the City of Surrey, weB次元官网网址檙e in court on the 29th, thatB次元官网网址檚 where the truth will come out, and weB次元官网网址檒l see whatB次元官网网址檚 going to be next. I look forward to the truth being told to the public.B次元官网网址�
On Monday (April 29) Dennis provided Loo with a written argument indicating FarnworthB次元官网网址檚 order will increase the annual cost for policing to Surrey taxpayers by B次元官网网址渁t leastB次元官网网址� $75 million (or 46 per cent) B次元官网网址渨ithout any funding to the City from the Province despite an initial decision to contribute $150 million that earlier this month the minister abruptly withdrew without justification and seemingly because the CityB次元官网网址檚 coming to court.B次元官网网址�
The CityB次元官网网址檚 counsel argued that contrary to a May 2023 agreement between the mayor and premier, B次元官网网址渁nd repeated representation by the Province to Surrey and the public, aligned with the provisions of the Police Act that it was for the City to decide on its model for policingB次元官网网址� and B次元官网网址渨ithout a plan for a transition away from the RCMP B次元官网网址� SurreyB次元官网网址檚 police of jurisdiction today and for the past 70 years B次元官网网址� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, B次元官网网址榶ou figure it out.B次元官网网址橞次元官网网址� Moreover, the City argues, FarnworthB次元官网网址檚 order was contrary to the B次元官网网址渆xpressed mandateB次元官网网址� from Surrey voters in the 2022 city election B次元官网网址渨here policing was the central issue and Surrey voted to keep the RCMP.B次元官网网址�
Concerning the Charter question, Dennis told the judge in the case before him the provincial government B次元官网网址渋ntervened and nullified the vote, nullified the mandateB次元官网网址� in a state action B次元官网网址渢argeted to a specific municipality B次元官网网址� not legislation and general application B次元官网网址� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.B次元官网网址�
Province imposed transition on Surrey B次元官网网址榠n the absence of any planB次元官网网址�: City
The City argues that the Police Act gives the City, B次元官网网址渘ot the minister, the authority to decide on keeping the RCMPB次元官网网址� and B次元官网网址渋n any event, the ministerB次元官网网址檚 decision was unreasonable in an administrative law senseB次元官网网址� because he B次元官网网址渇undamentally misunderstood the key documents that were before him, considered only half the equation that is by hiring 161 officers to re-staff the RCMP could be achieved without a risk to public safety without seriously considering whether hiring 600 B次元官网网址� because thatB次元官网网址檚 what would have been needed B次元官网网址� 600 SPS officers could also have similar or more serious consequences,B次元官网网址� and that Farnworth imposed the transition to the SPS on Surrey B次元官网网址渋n the absence of any plan to make that work.B次元官网网址�
The CityB次元官网网址檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that B次元官网网址渢he citizens of British Columbia are best served when in their relationship with municipalities and the provincial government they a) acknowledge and respect the jurisdiction of each, b) work towards harmonization of provincial and municipal enactment, policies and programs and c) foster cooperative approaches to matters of mutual interest.B次元官网网址�
Further, SurreyB次元官网网址檚 counsel noted, Subsection 2, concerning the relationship between the municipalities and provincial government, is based on the following principles: A) The provincial government respects municipal authority and municipalities respect provincial authority, and B) The provincial government must not assign responsibilities to municipalities unless there is provision for resources required to fulfill those responsibilities.
FarnworthB次元官网网址檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court B次元官网网址渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British ColumbiaB次元官网网址� and this, the City argued, interferes B次元官网网址渨ith Surrey votersB次元官网网址� expression and are an unprecedented attempt to reverse the outcome of a municipal vote, in this case a vote that delivered a mandate for keeping the RCMP as SurreyB次元官网网址檚 police of jurisdiction.B次元官网网址�
Dennis noted that Subparagraph G states that the provincial government and municipalities should attempt to resolve conflicts between them by consultation, negotiation, facilitation and other forms of dispute resolution.
B次元官网网址淭he mayor and the premier, they lived up to Subparagraph G and youB次元官网网址檒l hear that they made an agreement in May of 2023 to find a way through this. The City lived up to its end of the bargain, the minister pulled the rug out from under it with his July decision.B次元官网网址�
