A B.C. Supreme Court judge has reserved his decision on the City of Surrey含羞草研究社檚 judicial review 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.

Justice Kevin Loo did this after hearing final submissions May 3, concluding a five-day hearing that began April 29 in Vancouver.

含羞草研究社淚 am aware of the urgency of the matter,含羞草研究社� Loo said. 含羞草研究社淚含羞草研究社檒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含羞草研究社檒l just say that the excellence of counsel this week is not surprising, but I含羞草研究社檓 grateful for it nonetheless, and I含羞草研究社檓 thankful for your thoughtful, very considered and eloquent submissions.含羞草研究社�

During final submissions, Craig Dennis, the lawyer representing the City of Surrey, said the 含羞草研究社渆nd result含羞草研究社� was that Farnworth imposed the SPS on Surrey 含羞草研究社渨ith nobody, nobody含羞草研究社� having done a comprehensive assessment of the impacts.

含羞草研究社淚n my submission, this is too large an undertaking to impose without those impacts having been assessed,含羞草研究社� Dennis told Loo.

Dennis said the provincial government含羞草研究社檚 position involved a 含羞草研究社渞ecasting含羞草研究社� of the City含羞草研究社檚 arguments. 含羞草研究社淚t shifts the terms of reference away from what the City含羞草研究社檚 actually argued. Again, respectfully, in doing so it hasn含羞草研究社檛 grappled with the crux of the positions,含羞草研究社� Dennis said.

Trevor Bant, representing the provincial government, argued that concerning any meeting between Surrey Mayor Brenda Locke and Premier David Eby regarding the policing transition, 含羞草研究社渢here含羞草研究社檚 no suggestion here in the evidence that there was any agreement about the substance of the decision the minister was going to make.含羞草研究社� At any rate, he added, nothing discussed between the premier and mayor 含羞草研究社渃ould fetter the minister含羞草研究社檚 discretion.含羞草研究社�

含羞草研究社淭he statutory power of decision was the minister含羞草研究社檚 and the administrative law required him to exercise, to make that decision independently. It would not be lawful for the minister to implement the decision that had been made by someone else in government and communicated to him.含羞草研究社�

含羞草研究社淚 say that the minister含羞草研究社檚 decision is reasonable and the City has not shown that it is unreasonable,含羞草研究社� Bant said. 含羞草研究社淭he fact that all of the details weren含羞草研究社檛 yet worked out for Phase 2, that doesn含羞草研究社檛 make the decision unreasonable.含羞草研究社�

Bant told Loo that while the minister is 含羞草研究社渁ppropriately sensitive含羞草研究社� to costs, ultimately his statutory responsibility is to ensure 含羞草研究社渁n adequate and effective level of policing is maintained throughout British Columbia.

含羞草研究社淗e含羞草研究社檚 fundamentally focused on public safety, and after he reached the conclusion that the plan was not safe, that was really the end of the analysis, for him,含羞草研究社� he said. 含羞草研究社淚 don含羞草研究社檛 understand the City to take the position that cost is a sufficient reason to set aside the decision. That is, I don含羞草研究社檛 understand the City to be saying even if the minister was right, that the plan was dangerous, still he should have approved it because of cost. Rather I take the City to be saying that the additional cost is not justified by any public safety benefit.含羞草研究社�

Bant argued that the $75-million difference per year between the cost of the SPS versus the RCMP is based on an 含羞草研究社渁pples to oranges含羞草研究社� comparison of 734 Mounties compared to 900 SPS officers.

含羞草研究社淭hat含羞草研究社檚 not a like-to-like comparison,含羞草研究社� he said, nor does it take into account severance obligations at $113.3 million for SPS officers and management, according to the City含羞草研究社檚 estimate.

Meantime, Dennis turned to Bant含羞草研究社檚 argument that the statutory authority Farnworth possessed was the power 含羞草研究社渕erely to approve, or not, the City含羞草研究社檚 plan to keep the RCMP.

含羞草研究社淓ven if that were so, that含羞草研究社檚 not the decision the minister made, and it is not therefore the statutory authority the respondents have defined,含羞草研究社� Dennis maintained. 含羞草研究社淭he minister did not merely disapprove the City含羞草研究社檚 plan, which would entail presumably sending the City back to the drawing board. Instead, the minister purported to order that the SPS be the method of policing in Surrey.含羞草研究社�

含羞草研究社淎nd as I listened to my friend,含羞草研究社� Dennis said, referring to Bant, 含羞草研究社淚 did not hear an attempt to argue the minister had that power.

含羞草研究社淢y friend, however, in his submissions was at pains to describe a different, lesser power 含羞草研究社� all the minister could consider was public safety and all he could do was approve the City含羞草研究社檚 plan, or not,含羞草研究社� Dennis continued. 含羞草研究社淚f my friend is right about that, and even on my friend含羞草研究社檚 terms, the minister exceeded his jurisdiction because he did much more than simply approve or not the City含羞草研究社檚 plan.含羞草研究社�

Dennis said Surrey has never claimed or implied that a policy is entitled to charter protection but rather sought for protection of the integrity of the civic election, 含羞草研究社渋n which Surrey voters, having been given a choice over policing, exercised that choice through voting, saw their representatives seek to implement that choice, and then saw the Province nullify that choice through legislation.含羞草研究社�

Dennis argued that Farnworth only has the powers 含羞草研究社渃onferred to him by the statute; he cannot exercise powers beyond what the legislation conferred.含羞草研究社�

Last week, Loo sealed information related to SPS operation plans and policies concerning covert and undercover operations, precise RCMP/SPS staffing levels and RCMP contingency plans, finding 含羞草研究社渁n important public interest at stake.含羞草研究社�

The judge heard about a deal reached between Locke and Eby, contained in an affidavit from a political advisor and note-taker for the mayor, before Farnworth 含羞草研究社渞eneged含羞草研究社� on it. Bant argued it含羞草研究社檚含羞草研究社渋rrelevant含羞草研究社� whether they struck a deal on the city含羞草研究社檚 policing transition before Farnworth issued his edict July 19, 2023.

Dennis argued Farnworth含羞草研究社檚 order to press on with SPS is akin to replacing the 含羞草研究社渨inner with the runner-up含羞草研究社� by overriding Surrey council含羞草研究社檚 desire under Locke to keep the RCMP and enforcing the previous council含羞草研究社檚 desire, under former mayor Doug McCallum, to install the SPS as the city含羞草研究社檚 police of jurisdiction.

Bant argued that Surrey council含羞草研究社檚 mandate to keep the RCMP is not protected under the Charter of Rights and Freedoms, and the City understood Farnworth had the power to make a decision on the future of policing in Surrey but only objected when it didn含羞草研究社檛 get its way.