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Mayor-premier policing deal 含羞草研究社榠rrelevant含羞草研究社 to Surrey court case: lawyer

It doesn含羞草研究社檛 matter whether Locke and Eby struck an agreement on policing transition, judge hears
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The provincial government含羞草研究社檚 lawyer in the Surrey policing feud made his case today in B.C. Supreme Court in Vancouver. (Black Press Media file)

A B.C. Supreme Court judge was told Thursday (May 2) it含羞草研究社檚 含羞草研究社渋rrelevant含羞草研究社 whether Surrey Mayor Brenda Locke and Premier David Eby struck a deal on the city含羞草研究社檚 policing transition before Public Safety Minister Mike Farnworth issued his edict July 19, 2023 that the RCMP must be replaced by the Surrey Police Service.

Justice Kevin Loo is presiding over the City of Surrey含羞草研究社檚 petition for a judicial review aimed at quashing that order in a five-day hearing that began April 29 in B.C. Supreme Court in Vancouver. He heard evidence on the second day of the hearing about a deal reached between Locke and Eby, contained in an affidavit from a political advisor and note-taker for the mayor, before Public Safety Minister Mike Farnworth

On Thursday (May 2), lawyer Trevor Bant, representing the provincial government, told Loo that 含羞草研究社淚 don含羞草研究社檛 propose to deal with the mayor含羞草研究社檚 affidavit in any way,含羞草研究社 he said, adding 含羞草研究社渢he respondent含羞草研究社檚 position is that virtually all of the statements attributed to the premier and the minister in the mayor含羞草研究社檚 affidavit are inaccurate, taken out of context or both.含羞草研究社

He told Loo he won含羞草研究社檛 tender a 含羞草研究社渢it-for-tat含羞草研究社 reply.

含羞草研究社淚t含羞草研究社檚 irrelevant, in my submission on the judicial review component of the proceedings. The submission I含羞草研究社檒l make there is that it含羞草研究社檚 really quite irrelevant whether the premier and the mayor entered into some kind of deal about the timing of a vote. It含羞草研究社檚 not germane to the legal issues that are before you.含羞草研究社

Bant said 含羞草研究社渢here含羞草研究社檚 no evidence whatsoever含羞草研究社 that Farnworth 含羞草研究社渨as thinking about anything other than public safety. The City can certainly challenge the reasonableness of the minister含羞草研究社檚 conclusions, but not for sincerity.含羞草研究社

He noted that a ministry analysis of a strategy to keep RCMP and restaff the Surrey detachment was 含羞草研究社渁mbitious but feasible only when considered in isolation of the RCMP resourcing pressures across the province.含羞草研究社

A report from the City of Surrey, Bant said, concluded that while neither keeping the RCMP as Surrey含羞草研究社檚 police of jurisdiction or continuing with the transition to the Surrey Police Service are 含羞草研究社渟traightforward含羞草研究社 options, 含羞草研究社渂oth options are feasible.含羞草研究社

Bant said redactions were applied by the City of Surrey before it was given to the minister that included a summary where 含羞草研究社渢he conclusion is really that both options are feasible. Where a council decision to maintain the RCMP is feasible with conditions (and) continuing the transition to the SPS is also feasible with conditions.含羞草研究社

含羞草研究社淣either pathway is straightforward and each requires fundamental conditions to be met by other parties in order to be successful,含羞草研究社 Bant told the court.

含羞草研究社淭he conclusion of this report, the City含羞草研究社檚 own report that both options are feasible, neither option is straightforward, but both are feasible,含羞草研究社 he reiterated.

Bant told the judge some 含羞草研究社渃andid含羞草研究社 sections suggest that 含羞草研究社渢his report was probably never meant to be seen by the minister.含羞草研究社

Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the 含羞草研究社渃onstitutionality含羞草研究社 of Farnworth含羞草研究社檚 order.

Bant said this issue was 含羞草研究社渢he simplest, in my submission.含羞草研究社

含羞草研究社淏y the way of overview on the constitutional issues,含羞草研究社 he began, the City含羞草研究社檚 argument is contrary to the law含羞草研究社檚 含羞草研究社渕eaning and scope.含羞草研究社

含羞草研究社淣otwithstanding the creativity and the very able submissions that have been made on behalf of the City, it really is a radical expression of freedom of expression that would convert our representative democracy into a direct democracy in which voters have that very literal right to get what they vote for.

含羞草研究社淭he legislation has not restricted anyone from expressing themselves, including by voting, and that含羞草研究社檚 really dispositive of the constitutional argument.含羞草研究社



About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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