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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 Citysa国际传媒檚 legal team is digesting the judgesa国际传媒檚 decision and council will weigh its options.

Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the Citysa国际传媒檚 petition aimed at quashing Public Safety Minister Mike Farnworthsa国际传媒檚 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 Citysa国际传媒檚 argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey voterssa国际传媒 right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

sa国际传媒淚 have concluded that although voting is undoubtedly a protected activity, the sa国际传媒榬esultsa国际传媒 or sa国际传媒榤andatesa国际传媒 arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,sa国际传媒 Loo decided.

sa国际传媒淩egardless of whether the July decision was reasonable or within the Ministersa国际传媒檚 authority, the provincial legislaturesa国际传媒檚 exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.sa国际传媒

Locke said the court challenge revealed sa国际传媒渉uge holessa国际传媒 in the transition to the SPS sa国际传媒渙n multiple levelssa国际传媒 and the sa国际传媒渢rue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.sa国际传媒

sa国际传媒淚 havensa国际传媒檛 said we are going to appeal and I havensa国际传媒檛 said we are not going to appeal,sa国际传媒 she stressed. sa国际传媒淚 didnsa国际传媒檛 say we are going to continue with the fight.sa国际传媒 If there were no transition, she added, sa国际传媒渢here would have been no sa国际传媒 zero sa国际传媒 tax increase in the City of Surrey in 2024.sa国际传媒

Farnworth held his press conference Thursday morning. sa国际传媒淭oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,sa国际传媒 he said. sa国际传媒淭he safety of the people in Surrey and across British Columbia has always been my main priority.sa国际传媒

Farnworth held a press conference Thursday morning to announce that sa国际传媒渢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.sa国际传媒

sa国际传媒淧eople of Surrey want this to be over and Isa国际传媒檓 hopeful that todaysa国际传媒檚 ruling is the time to come together and work towards completing the transition to the Surrey Police Service,sa国际传媒 Farnworth said. sa国际传媒淧olice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that todaysa国际传媒檚 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.sa国际传媒

Farnworth told reporters itsa国际传媒檚 sa国际传媒減retty clearsa国际传媒 in terms of the arguments the City brought before Loo sa国际传媒渁nd the judge dismissed them. Thatsa国际传媒檚 it in a nutshell.sa国际传媒

In April Farnworth said the SPS will replace the RCMP as the citysa国际传媒檚 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 sa国际传媒榗onstitutionalitysa国际传媒 of the provincial governmentsa国际传媒檚 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 sa国际传媒渟ignificant step to stop the NDP police servicesa国际传媒 and a reply to the provincial governmentsa国际传媒檚 sa国际传媒渁ttempted police takeover, which would require a double digit sa国际传媒 double digit sa国际传媒 NDP tax hike on Surrey taxpayers.sa国际传媒

As for the City, Farnworth said Thursday, sa国际传媒淚sa国际传媒檇 really like them to be at the table.sa国际传媒

sa国际传媒淲esa国际传媒檝e made it clear that the $150 million is there,sa国际传媒 he said. sa国际传媒淚 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,sa国际传媒 he said. sa国际传媒淭his has been a very challenging issue I think for everybody and with todaysa国际传媒檚 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.sa国际传媒

sa国际传媒淲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,sa国际传媒 Farnworth said. sa国际传媒淚tsa国际传媒檒l be great if the City of Surrey is there but the transition is moving forward.sa国际传媒

Asked if hesa国际传媒檚 anticipating the City will appeal Loosa国际传媒檚 decision, Farnworth replied he doesnsa国际传媒檛 know what the City intends to do. sa国际传媒淚 expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think whatsa国际传媒檚 important is the people of Surrey want this over and this decision certainly indicates that, you know what, itsa国际传媒檚 over.sa国际传媒

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. sa国际传媒淭he biggest concern for us right now is the enormous tax burden that is in front of us, the $75 million dollars,sa国际传媒 Locke said, adding that sa国际传媒$75 million is forever, and that will only escalate. We are looking at a generational decision that is being imposed on our city.sa国际传媒

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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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