Justice Kevin Loo sealed three of six pieces of information contained in an affidavit as the City of Surrey and the provincial government face off in court over the citysa国际传媒檚 policing transition.

This came in response to a provincial government application made on the first day of the City of Surreysa国际传媒檚 petition for a judicial review thatsa国际传媒檚 aimed at quashing Public Safety Minister Mike Farnworthsa国际传媒檚 order to replace the RCMP with the Surrey Police Service.

The five-day hearing in B.C. Supreme Court in Vancouver began Monday morning (April 29).

Loo granted sealing orders in respect to SPS operation plans and policies concerning covert and undercover operations, precise RCMP/SPS staffing levels and RCMP contingency plans, finding sa国际传媒渁n important public interest at stake.sa国际传媒�

sa国际传媒淚f information of this kind is disclosed to persons intending to commit crimes, there is a serious risk that law enforcement objectives may be compromised,sa国际传媒� he explained. sa国际传媒淚 find that the redactions proposed are necessary and the benefits of the redaction outweigh the prejudice to the Supreme Court openness.sa国际传媒�

He refused to seal information concerning SPS facilities and equipment, including software and IT systems, human resource strategies for reducing vacancies, and consultation with Indigenous governing bodies.

Moreover, Loo also decided not to seal or redact a concerning allegations of harassment, bullying and public safety concerns involving the RCMP.

sa国际传媒淎llegations, sometimes justified and sometimes spurious, are tendered every day in these courts, so are descriptions of criminal activity,sa国际传媒� Loo noted. sa国际传媒淚n my view, there is value to those allegations and evidence being available to the public.sa国际传媒�

The case began Monday with discussion concerning proposed redactions and sealing orders, with the provincial governmentsa国际传媒檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The Citysa国际传媒檚 legal counsel opposed the order sought.

sa国际传媒淚tsa国际传媒檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,sa国际传媒� the Provincesa国际传媒檚 lawyer, Trevor Bant, argued. sa国际传媒淚t doesnsa国际传媒檛 relate to anything that is at issue.sa国际传媒�

Loo replied: sa国际传媒淚t may well be relevant to this petition.sa国际传媒�

sa国际传媒淚tsa国际传媒檚 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,sa国际传媒� the judge noted.

Lawyer Craig Dennis, representing the City of Surrey, told Loo that sa国际传媒渢he city is not seeking to seal or withhold any information in this proceeding, itsa国际传媒檚 the Province that seeks to do so.sa国际传媒�

Concerning some information, he said, sa国际传媒渓etsa国际传媒檚 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, itsa国际传媒檚 to seal it from you, Justice.sa国际传媒�

sa国际传媒淭heysa国际传媒檙e not going to give it to you, judge. Theysa国际传媒檙e not going to give it to you what the minister had, theysa国际传媒檙e not going to give it to the petitioner, the party bringing the challenge.sa国际传媒�

sa国际传媒淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,sa国际传媒� Dennis said.

He said that in his sa国际传媒渞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.sa国际传媒�

Surrey Mayor Brenda Locke announced in November that the city is challenging in court the sa国际传媒渃onstitutionalitysa国际传媒� of the provincial governmentsa国际传媒檚 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 Farnworthsa国际传媒檚 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 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�

Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it wonsa国际传媒檛 have an impact on the transition.

sa国际传媒淚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,sa国际传媒� he said.

For Lockesa国际传媒檚 part, she told the Now-Leader that sa国际传媒渇or the City of Surrey, wesa国际传媒檙e in court on the 29th, thatsa国际传媒檚 where the truth will come out, and wesa国际传媒檒l see whatsa国际传媒檚 going to be next. I look forward to the truth being told to the public.sa国际传媒�

On Monday (April 29), Dennis provided Loo with a written argument indicating Farnworthsa国际传媒檚 order will increase the annual cost for policing to Surrey taxpayers by sa国际传媒渁t leastsa国际传媒� $75 million (or 46 per cent) sa国际传媒渨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 Citysa国际传媒檚 coming to court.sa国际传媒�

The Citysa国际传媒檚 counsel argued that, contrary to a May 2023 agreement between the mayor and premier, sa国际传媒渁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 policingsa国际传媒� and sa国际传媒渨ithout a plan for a transition away from the RCMP sa国际传媒� Surreysa国际传媒檚 police of jurisdiction today and for the past 70 years sa国际传媒� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, sa国际传媒榶ou figure it out.sa国际传媒檚a国际传媒� Moreover, the City argues, Farnworthsa国际传媒檚 order was contrary to the sa国际传媒渆xpressed mandatesa国际传媒� from Surrey voters in the 2022 city election sa国际传媒渨here policing was the central issue and Surrey voted to keep the RCMP.sa国际传媒�

Concerning the Charter question, Dennis told the judge in the case before him the provincial government sa国际传媒渋ntervened and nullified the vote, nullified the mandatesa国际传媒� in a state action sa国际传媒渢argeted to a specific municipality sa国际传媒� not legislation and general application sa国际传媒� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.sa国际传媒�

Province imposed transition on Surrey sa国际传媒榠n the absence of any plansa国际传媒�: City

The City argues that the Police Act gives the City, sa国际传媒渘ot the minister, the authority to decide on keeping the RCMPsa国际传媒� and sa国际传媒渋n any event, the ministersa国际传媒檚 decision was unreasonable in an administrative law sensesa国际传媒� because he sa国际传媒渇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 sa国际传媒� because thatsa国际传媒檚 what would have been needed sa国际传媒� 600 SPS officers could also have similar or more serious consequences,sa国际传媒� and that Farnworth imposed the transition to the SPS on Surrey sa国际传媒渋n the absence of any plan to make that work.sa国际传媒�

The Citysa国际传媒檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that sa国际传媒渢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.sa国际传媒�

Further, Surreysa国际传媒檚 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.

Farnworthsa国际传媒檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court sa国际传媒渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British Columbiasa国际传媒� and this, the City argued, interferes sa国际传媒渨ith Surrey voterssa国际传媒� 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 Surreysa国际传媒檚 police of jurisdiction.sa国际传媒�

Dennis noted that Subparagraph G of the Community Charter states that the provincial government and municipalities should attempt to resolve conflicts between them by consultation, negotiation, facilitation and other forms of dispute resolution.

sa国际传媒淭he mayor and the premier, they lived up to Subparagraph G, and yousa国际传媒檒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.sa国际传媒�