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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 Cityѻýs legal team is digesting the judgeѻýs decision and council will weigh its options.

Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the Cityѻýs petition aimed at quashing Public Safety Minister Mike Farnworthѻýs 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 Cityѻýs argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey votersѻý right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

ѻýI have concluded that although voting is undoubtedly a protected activity, the ѻýresultѻý or ѻýmandateѻý arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,ѻý Loo decided.

ѻýRegardless of whether the July decision was reasonable or within the Ministerѻýs authority, the provincial legislatureѻýs exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.ѻý

Locke said the court challenge revealed ѻýhuge holesѻý in the transition to the SPS ѻýon multiple levelsѻý and the ѻýtrue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.ѻý

ѻýI havenѻýt said we are going to appeal and I havenѻýt said we are not going to appeal,ѻý she stressed. ѻýI didnѻýt say we are going to continue with the fight.ѻý If there were no transition, she added, ѻýthere would have been no ѻý zero ѻý tax increase in the City of Surrey in 2024.ѻý

Farnworth held his press conference Thursday morning. ѻýToday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,ѻý he said. ѻýThe safety of the people in Surrey and across British Columbia has always been my main priority.ѻý

Farnworth held a press conference Thursday morning to announce that ѻýtoday 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.ѻý

ѻýPeople of Surrey want this to be over and Iѻým hopeful that todayѻýs ruling is the time to come together and work towards completing the transition to the Surrey Police Service,ѻý Farnworth said. ѻýPolice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that todayѻýs 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.ѻý

Farnworth told reporters itѻýs ѻýpretty clearѻý in terms of the arguments the City brought before Loo ѻýand the judge dismissed them. Thatѻýs it in a nutshell.ѻý

In April Farnworth said the SPS will replace the RCMP as the cityѻýs 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 ѻýconstitutionalityѻý of the provincial governmentѻýs 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 ѻýsignificant step to stop the NDP police serviceѻý and a reply to the provincial governmentѻýs ѻýattempted police takeover, which would require a double digit ѻý double digit ѻý NDP tax hike on Surrey taxpayers.ѻý

As for the City, Farnworth said Thursday, ѻýIѻýd really like them to be at the table.ѻý

ѻýWeѻýve made it clear that the $150 million is there,ѻý he said. ѻýI 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,ѻý he said. ѻýThis has been a very challenging issue I think for everybody and with todayѻýs 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.ѻý

ѻýWhat 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,ѻý Farnworth said. ѻýItѻýll be great if the City of Surrey is there but the transition is moving forward.ѻý

Asked if heѻýs anticipating the City will appeal Looѻýs decision, Farnworth replied he doesnѻýt know what the City intends to do. ѻýI expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think whatѻýs important is the people of Surrey want this over and this decision certainly indicates that, you know what, itѻýs over.ѻý

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. ѻýThe biggest concern for us right now is the enormous tax burden that is in front of us, the $75 million dollars,ѻý Locke said, adding that ѻý$75 million is forever, and that will only escalate. We are looking at a generational decision that is being imposed on our city.ѻý

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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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