The City of Surrey乌鸦传媒檚 petition for a judicial review aimed at quashing Public Safety Minister Mike Farnworth乌鸦传媒檚 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 government乌鸦传媒檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The City乌鸦传媒檚 legal counsel opposed the order sought.
乌鸦传媒淚t乌鸦传媒檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,乌鸦传媒� the Province乌鸦传媒檚 lawyer Trevor Bant argued. 乌鸦传媒淚t doesn乌鸦传媒檛 relate to anything that is at issue.乌鸦传媒�
Loo replied 乌鸦传媒渋t may well be relevant to this petition.乌鸦传媒�
乌鸦传媒淚t乌鸦传媒檚 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,乌鸦传媒� the judge noted.
Lawyer Craig Dennis, representing the City of Surrey, told Loo that 乌鸦传媒渢he city is not seeking to seal or withhold any information in this proceeding, it乌鸦传媒檚 the Province that seeks to do so.乌鸦传媒�
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Concerning some information, he said, 乌鸦传媒渓et乌鸦传媒檚 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, it乌鸦传媒檚 to seal it from you, Justice.乌鸦传媒�
乌鸦传媒淭hey乌鸦传媒檙e not going to give it to you, judge. They乌鸦传媒檙e not going to give it to you what the minister had, they乌鸦传媒檙e not going to give it to the petitioner, the party bringing the challenge.乌鸦传媒�
乌鸦传媒淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,乌鸦传媒� Dennis said.
He said that in his 乌鸦传媒渞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.乌鸦传媒�
Loo is expected to rule on the sealing and redaction order request Tuesday.
City challenging 乌鸦传媒榗onstitutionality乌鸦传媒� of police decision
Surrey Mayor Brenda Locke announced in November that the city is challenging in court the 乌鸦传媒渃onstitutionality乌鸦传媒� of the provincial government乌鸦传媒檚 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 Farnworth乌鸦传媒檚 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 乌鸦传媒渟ignificant step to stop the NDP police service乌鸦传媒� and a reply to the provincial government乌鸦传媒檚 乌鸦传媒渁ttempted police takeover, which would require a double-digit 乌鸦传媒� double-digit 乌鸦传媒� NDP tax hike on Surrey taxpayers.乌鸦传媒�
Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it won乌鸦传媒檛 have an impact on the transition.
乌鸦传媒淚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,乌鸦传媒� he said.
For Locke乌鸦传媒檚 part, she told the Now-Leader that 乌鸦传媒渇or the City of Surrey, we乌鸦传媒檙e in court on the 29th, that乌鸦传媒檚 where the truth will come out, and we乌鸦传媒檒l see what乌鸦传媒檚 going to be next. I look forward to the truth being told to the public.乌鸦传媒�
On Monday (April 29) Dennis provided Loo with a written argument indicating Farnworth乌鸦传媒檚 order will increase the annual cost for policing to Surrey taxpayers by 乌鸦传媒渁t least乌鸦传媒� $75 million (or 46 per cent) 乌鸦传媒渨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 City乌鸦传媒檚 coming to court.乌鸦传媒�
The City乌鸦传媒檚 counsel argued that contrary to a May 2023 agreement between the mayor and premier, 乌鸦传媒渁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 policing乌鸦传媒� and 乌鸦传媒渨ithout a plan for a transition away from the RCMP 乌鸦传媒� Surrey乌鸦传媒檚 police of jurisdiction today and for the past 70 years 乌鸦传媒� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, 乌鸦传媒榶ou figure it out.乌鸦传媒櫸谘淮綕 Moreover, the City argues, Farnworth乌鸦传媒檚 order was contrary to the 乌鸦传媒渆xpressed mandate乌鸦传媒� from Surrey voters in the 2022 city election 乌鸦传媒渨here policing was the central issue and Surrey voted to keep the RCMP.乌鸦传媒�
Concerning the Charter question, Dennis told the judge in the case before him the provincial government 乌鸦传媒渋ntervened and nullified the vote, nullified the mandate乌鸦传媒� in a state action 乌鸦传媒渢argeted to a specific municipality 乌鸦传媒� not legislation and general application 乌鸦传媒� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.乌鸦传媒�
Province imposed transition on Surrey 乌鸦传媒榠n the absence of any plan乌鸦传媒�: City
The City argues that the Police Act gives the City, 乌鸦传媒渘ot the minister, the authority to decide on keeping the RCMP乌鸦传媒� and 乌鸦传媒渋n any event, the minister乌鸦传媒檚 decision was unreasonable in an administrative law sense乌鸦传媒� because he 乌鸦传媒渇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 乌鸦传媒� because that乌鸦传媒檚 what would have been needed 乌鸦传媒� 600 SPS officers could also have similar or more serious consequences,乌鸦传媒� and that Farnworth imposed the transition to the SPS on Surrey 乌鸦传媒渋n the absence of any plan to make that work.乌鸦传媒�
The City乌鸦传媒檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that 乌鸦传媒渢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.乌鸦传媒�
Further, Surrey乌鸦传媒檚 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.
Farnworth乌鸦传媒檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court 乌鸦传媒渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British Columbia乌鸦传媒� and this, the City argued, interferes 乌鸦传媒渨ith Surrey voters乌鸦传媒� 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 Surrey乌鸦传媒檚 police of jurisdiction.乌鸦传媒�
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.
乌鸦传媒淭he mayor and the premier, they lived up to Subparagraph G and you乌鸦传媒檒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.乌鸦传媒�
