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Surrey lawyer argues Farnworth含羞草研究社檚 SPS order akin to reversing 2022 civic election result

含羞草研究社楾his is no small matter for municipal democracy,含羞草研究社 lawyer Craig Dennis says
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Surrey Mayor Brenda Locke and former mayor Doug McCallum. (File photos)

Public Safety Minister Mike Farnworth含羞草研究社檚 order to press on with the Surrey Police Service 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 Mayor Brenda 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.

That含羞草研究社檚 what Justice Kevin Loo heard Wednesday from lawyer Craig Dennis, representing the City of Surrey in its petition for a judicial review aimed at quashing Farnworth含羞草研究社檚 July 19, 2023 order to replace the RCMP with the SPS.

The provincial government, Dennis argued, 含羞草研究社渉as nullified the mandate to keep the RCMP delivered to council by voters.含羞草研究社

The five-day hearing began April 29 in B.C. Supreme Court in Vancouver.

含羞草研究社淚n purpose and effect, it controls the electorate含羞草研究社檚 attempt to convey meaning by significantly interfering with the vote, specifically by nullifying the electoral mandate that city council keep the RCMP in Surrey, and in the process it undermined the confidence Surrey residents can reasonably repose in their future elections. Where Canadians perceive elections to be unfair, voter apathy follows shortly thereafter,含羞草研究社 Dennis argued.

含羞草研究社淭he Province characterized council含羞草研究社檚 resolutions as moves to revert to the RCMP. This ignores a fundamental point 含羞草研究社 the SPS has never become Surrey含羞草研究社檚 police of jurisdiction. Surrey has only ever sought to keep the RCMP as its police of jurisdiction.

含羞草研究社淭he status quo then is the RCMP. Surrey含羞草研究社檚 not meaning to revert to anything,含羞草研究社 Dennis noted. 含羞草研究社淪urrey voters delivered a mandate in the 2022 municipal election for keeping the RCMP as Surrey含羞草研究社檚 police of jurisdiction. Access to the voting platform has already occurred. Far from seeking access to a platform, Surrey seeks to implement that mandate free from provincial interference.含羞草研究社

Surrey never displaced the RCMP as police of jurisdiction, he pointed out. 含羞草研究社淎s public opinion soured to the transition the 2021 citizens含羞草研究社 initiative first proposed a referendum being held. The 2022 election was then fought not on whether Surrey should revert to to the RCMP but whether it should keep the RCMP as its police of jurisdiction.含羞草研究社

This, he said, was the 含羞草研究社渞aison d含羞草研究社櫭猼re含羞草研究社 of Locke含羞草研究社檚 Surrey Connect slate and was the central issue in the city含羞草研究社檚 2022 civic election, in which she defeated McCallum. 含羞草研究社淭his only confirmed what should have been clear to all observers, that the election was centrally about the fate of Surrey policing and Surrey voters had spoken in favour of keeping the RCMP.含羞草研究社

含羞草研究社淪urrey voters delivered a mandate to keep the RCMP which is inextricable from the vote itself and the integrity of that electoral result, not the policy outcome, is what Surrey seeks to protect from provincial interference,含羞草研究社 Dennis told Loo.

含羞草研究社淭his is no small matter for municipal democracy,含羞草研究社 he said, noting that election results that fail to deliver results are bound to damage public confidence.

含羞草研究社淲hy vote if policies are not implemented? Why run for office, why participate?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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