The City of Surrey含羞草研究社檚 petition for a judicial review aimed at quashing Public Safety Minister Mike Farnworth含羞草研究社檚 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含羞草研究社檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The City含羞草研究社檚 legal counsel opposed the order sought.

含羞草研究社淚t含羞草研究社檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,含羞草研究社� the Province含羞草研究社檚 lawyer Trevor Bant argued. 含羞草研究社淚t doesn含羞草研究社檛 relate to anything that is at issue.含羞草研究社�

Loo replied 含羞草研究社渋t may well be relevant to this petition.含羞草研究社�

含羞草研究社淚t含羞草研究社檚 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,含羞草研究社� the judge noted.

Lawyer Craig Dennis, representing the City of Surrey, told Loo that 含羞草研究社渢he city is not seeking to seal or withhold any information in this proceeding, it含羞草研究社檚 the Province that seeks to do so.含羞草研究社�

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Concerning some information, he said, 含羞草研究社渓et含羞草研究社檚 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含羞草研究社檚 to seal it from you, Justice.含羞草研究社�

含羞草研究社淭hey含羞草研究社檙e not going to give it to you, judge. They含羞草研究社檙e not going to give it to you what the minister had, they含羞草研究社檙e not going to give it to the petitioner, the party bringing the challenge.含羞草研究社�

含羞草研究社淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,含羞草研究社� Dennis said.

He said that in his 含羞草研究社渞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.含羞草研究社�

Loo is expected to rule on the sealing and redaction order request Tuesday.

City challenging 含羞草研究社榗onstitutionality含羞草研究社� of police decision

Surrey Mayor Brenda Locke announced in November that the city is challenging in court the 含羞草研究社渃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 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含羞草研究社檚 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 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�

Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it won含羞草研究社檛 have an impact on the transition.

含羞草研究社淚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,含羞草研究社� he said.

For Locke含羞草研究社檚 part, she told the Now-Leader that 含羞草研究社渇or the City of Surrey, we含羞草研究社檙e in court on the 29th, that含羞草研究社檚 where the truth will come out, and we含羞草研究社檒l see what含羞草研究社檚 going to be next. I look forward to the truth being told to the public.含羞草研究社�

On Monday (April 29) Dennis provided Loo with a written argument indicating Farnworth含羞草研究社檚 order will increase the annual cost for policing to Surrey taxpayers by 含羞草研究社渁t least含羞草研究社� $75 million (or 46 per cent) 含羞草研究社渨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含羞草研究社檚 coming to court.含羞草研究社�

The City含羞草研究社檚 counsel argued that contrary to a May 2023 agreement between the mayor and premier, 含羞草研究社渁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含羞草研究社� and 含羞草研究社渨ithout a plan for a transition away from the RCMP 含羞草研究社� Surrey含羞草研究社檚 police of jurisdiction today and for the past 70 years 含羞草研究社� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, 含羞草研究社榶ou figure it out.含羞草研究社櫤�羞草研究社� Moreover, the City argues, Farnworth含羞草研究社檚 order was contrary to the 含羞草研究社渆xpressed mandate含羞草研究社� from Surrey voters in the 2022 city election 含羞草研究社渨here policing was the central issue and Surrey voted to keep the RCMP.含羞草研究社�

Concerning the Charter question, Dennis told the judge in the case before him the provincial government 含羞草研究社渋ntervened and nullified the vote, nullified the mandate含羞草研究社� in a state action 含羞草研究社渢argeted to a specific municipality 含羞草研究社� not legislation and general application 含羞草研究社� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.含羞草研究社�

Province imposed transition on Surrey 含羞草研究社榠n the absence of any plan含羞草研究社�: City

The City argues that the Police Act gives the City, 含羞草研究社渘ot the minister, the authority to decide on keeping the RCMP含羞草研究社� and 含羞草研究社渋n any event, the minister含羞草研究社檚 decision was unreasonable in an administrative law sense含羞草研究社� because he 含羞草研究社渇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 含羞草研究社� because that含羞草研究社檚 what would have been needed 含羞草研究社� 600 SPS officers could also have similar or more serious consequences,含羞草研究社� and that Farnworth imposed the transition to the SPS on Surrey 含羞草研究社渋n the absence of any plan to make that work.含羞草研究社�

The City含羞草研究社檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that 含羞草研究社渢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.含羞草研究社�

Further, Surrey含羞草研究社檚 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含羞草研究社檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court 含羞草研究社渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British Columbia含羞草研究社� and this, the City argued, interferes 含羞草研究社渨ith Surrey voters含羞草研究社� 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含羞草研究社檚 police of jurisdiction.含羞草研究社�

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.

含羞草研究社淭he mayor and the premier, they lived up to Subparagraph G and you含羞草研究社檒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.含羞草研究社�