The City of Surrey understood that Public Safety Minister Mike Farnworth had the power to make a decision on the future of policing in Surrey but only objected when it didn乌鸦传媒檛 get its way.
乌鸦传媒淚t wanted a decision approving its choice,乌鸦传媒� Trevor Bant, the lawyer representing the provincial government, told the judge Friday (May 3). 乌鸦传媒淭he City understood that this is not something it could do unilaterally, on its own. Both options required the involvement of other parties, and the City invoked the minister乌鸦传媒檚 jurisdiction in the hope of a favourable decision that would help the City get what it wanted from other parties. So it was only after the decision went against the City that a belated objection to jurisdiction would come.乌鸦传媒�
Justice Kevin Loo is presiding over the City of Surrey乌鸦传媒檚 judicial review petition aimed at quashing Public Safety Minister Mike Farnworth乌鸦传媒檚 July 19, 2023 order that the RCMP must be replaced by the Surrey Police Service. The five-day hearing began April 29 in B.C. Supreme Court in Vancouver.
He reserved his decision after hearing final submissions Friday.
乌鸦传媒淚 am aware of the urgency of the matter,乌鸦传媒� Loo said. 乌鸦传媒淚乌鸦传媒檒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 I乌鸦传媒檒l just say that the excellence of counsel this week is not surprising but I乌鸦传媒檓 grateful for it nonetheless and I乌鸦传媒檓 thankful for your thoughtful, very considered and eloquent submissions.乌鸦传媒�
Before getting into the finals, Bant said the Police Act requires the minister to ensure an adequate level of policing.
Bant said the Police Act requires the minister to ensure an adequate level of policing.
The Interpretation Act codifies the principle that if in an enactment power is given to a person 乌鸦传媒渢o do an act or thing, all the powers that are necessary to enable a person to do the act or thing, are also gauged to be given,乌鸦传媒� Bant noted, adding that乌鸦传媒檚 乌鸦传媒渁n important principle in interpreting the Police Act 乌鸦传媒� any legislation, but especially in this circumstance the Police Act. And I say that the Police Act empowers the minister, requires the minister, to ensure an adequate and effective level of policing is maintained.乌鸦传媒�
乌鸦传媒淚t was reasonable for the minister to be concerned that the City proposed to re-staff the Surrey RCMP detachment by prioritizing Surrey乌鸦传媒檚 needs over critical RCMP staffing needs in British Columbia,乌鸦传媒� Bant said. 乌鸦传媒淭he City乌鸦传媒檚 assumption that 50 per cent 乌鸦传媒� roughly half of SPS officers would want to join the RCMP, even if that assumption proved to be correct, the plan still contemplated hiring RCMP officers and putting them in Surrey when they could otherwise be deployed elsewhere to address critical vacancies within the RCMP.乌鸦传媒�
乌鸦传媒淚n a very direct sense, it is not the City乌鸦传媒檚 concern what happens elsewhere in British Columbia,乌鸦传媒� Bant stressed, 乌鸦传媒渁nd if there are critical RCMP vacancies elsewhere, that乌鸦传媒檚 not the City乌鸦传媒檚 concern, but it is the minister乌鸦传媒檚 concern.乌鸦传媒�
Bant told Loo that in the lead-up to Farnworth乌鸦传媒檚 order, the SPS had provided him with a submission on where the SPS hires were coming from. He said the 乌鸦传媒渒ey乌鸦传媒� information of that report is the SPS indicated it was implementing strategies to attract candidates from outside of British Columbia 乌鸦传媒渋n an effort to support the staffing of the SPS while preventing the destabilization of other municipal departments in the Lower Mainland.乌鸦传媒�
It was 乌鸦传媒減articularly successful乌鸦传媒� in attracting candidates from the Toronto area, the court heard.
乌鸦传媒淭he information that was available to the minister at the time is that SPS was doing a great job recruiting from outside of British Columbia, especially from Toronto,乌鸦传媒� Bant said. 乌鸦传媒淣ow that乌鸦传媒檚 perhaps a problem for Ontario, but as far as British Columbia is concerned, a really quite positive net increase in officers.乌鸦传媒�
