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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 City含羞草研究社檚 legal team is digesting the judge含羞草研究社檚 decision and council will weigh its options.

Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the City含羞草研究社檚 petition aimed at quashing Public Safety Minister Mike Farnworth含羞草研究社檚 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 City含羞草研究社檚 argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey voters含羞草研究社 right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

含羞草研究社淚 have concluded that although voting is undoubtedly a protected activity, the 含羞草研究社榬esult含羞草研究社 or 含羞草研究社榤andate含羞草研究社 arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,含羞草研究社 Loo decided.

含羞草研究社淩egardless of whether the July decision was reasonable or within the Minister含羞草研究社檚 authority, the provincial legislature含羞草研究社檚 exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.含羞草研究社

Locke said the court challenge revealed 含羞草研究社渉uge holes含羞草研究社 in the transition to the SPS 含羞草研究社渙n multiple levels含羞草研究社 and the 含羞草研究社渢rue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.含羞草研究社

含羞草研究社淚 haven含羞草研究社檛 said we are going to appeal and I haven含羞草研究社檛 said we are not going to appeal,含羞草研究社 she stressed. 含羞草研究社淚 didn含羞草研究社檛 say we are going to continue with the fight.含羞草研究社 If there were no transition, she added, 含羞草研究社渢here would have been no 含羞草研究社 zero 含羞草研究社 tax increase in the City of Surrey in 2024.含羞草研究社

Farnworth held his press conference Thursday morning. 含羞草研究社淭oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,含羞草研究社 he said. 含羞草研究社淭he safety of the people in Surrey and across British Columbia has always been my main priority.含羞草研究社

Farnworth held a press conference Thursday morning to announce that 含羞草研究社渢oday 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.含羞草研究社

含羞草研究社淧eople of Surrey want this to be over and I含羞草研究社檓 hopeful that today含羞草研究社檚 ruling is the time to come together and work towards completing the transition to the Surrey Police Service,含羞草研究社 Farnworth said. 含羞草研究社淧olice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that today含羞草研究社檚 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.含羞草研究社

Farnworth told reporters it含羞草研究社檚 含羞草研究社減retty clear含羞草研究社 in terms of the arguments the City brought before Loo 含羞草研究社渁nd the judge dismissed them. That含羞草研究社檚 it in a nutshell.含羞草研究社

In April Farnworth said the SPS will replace the RCMP as the city含羞草研究社檚 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 含羞草研究社榗onstitutionality含羞草研究社 of the provincial government含羞草研究社檚 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 含羞草研究社渟ignificant step to stop the NDP police service含羞草研究社 and a reply to the provincial government含羞草研究社檚 含羞草研究社渁ttempted police takeover, which would require a double digit 含羞草研究社 double digit 含羞草研究社 NDP tax hike on Surrey taxpayers.含羞草研究社

As for the City, Farnworth said Thursday, 含羞草研究社淚含羞草研究社檇 really like them to be at the table.含羞草研究社

含羞草研究社淲e含羞草研究社檝e made it clear that the $150 million is there,含羞草研究社 he said. 含羞草研究社淚 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,含羞草研究社 he said. 含羞草研究社淭his has been a very challenging issue I think for everybody and with today含羞草研究社檚 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.含羞草研究社

含羞草研究社淲hat 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,含羞草研究社 Farnworth said. 含羞草研究社淚t含羞草研究社檒l be great if the City of Surrey is there but the transition is moving forward.含羞草研究社

Asked if he含羞草研究社檚 anticipating the City will appeal Loo含羞草研究社檚 decision, Farnworth replied he doesn含羞草研究社檛 know what the City intends to do. 含羞草研究社淚 expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think what含羞草研究社檚 important is the people of Surrey want this over and this decision certainly indicates that, you know what, it含羞草研究社檚 over.含羞草研究社

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

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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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