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Mayor-premier policing deal sa国际传媒榠rrelevantsa国际传媒 to Surrey court case: lawyer

It doesnsa国际传媒檛 matter whether Locke and Eby struck an agreement on policing transition, judge hears
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The provincial governmentsa国际传媒檚 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) itsa国际传媒檚 sa国际传媒渋rrelevantsa国际传媒 whether Surrey Mayor Brenda Locke and Premier David Eby struck a deal on the citysa国际传媒檚 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 Surreysa国际传媒檚 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 sa国际传媒淚 donsa国际传媒檛 propose to deal with the mayorsa国际传媒檚 affidavit in any way,sa国际传媒 he said, adding sa国际传媒渢he respondentsa国际传媒檚 position is that virtually all of the statements attributed to the premier and the minister in the mayorsa国际传媒檚 affidavit are inaccurate, taken out of context or both.sa国际传媒

He told Loo he wonsa国际传媒檛 tender a sa国际传媒渢it-for-tatsa国际传媒 reply.

sa国际传媒淚tsa国际传媒檚 irrelevant, in my submission on the judicial review component of the proceedings. The submission Isa国际传媒檒l make there is that itsa国际传媒檚 really quite irrelevant whether the premier and the mayor entered into some kind of deal about the timing of a vote. Itsa国际传媒檚 not germane to the legal issues that are before you.sa国际传媒

Bant said sa国际传媒渢heresa国际传媒檚 no evidence whatsoeversa国际传媒 that Farnworth sa国际传媒渨as thinking about anything other than public safety. The City can certainly challenge the reasonableness of the ministersa国际传媒檚 conclusions, but not for sincerity.sa国际传媒

He noted that a ministry analysis of a strategy to keep RCMP and restaff the Surrey detachment was sa国际传媒渁mbitious but feasible only when considered in isolation of the RCMP resourcing pressures across the province.sa国际传媒

A report from the City of Surrey, Bant said, concluded that while neither keeping the RCMP as Surreysa国际传媒檚 police of jurisdiction or continuing with the transition to the Surrey Police Service are sa国际传媒渟traightforwardsa国际传媒 options, sa国际传媒渂oth options are feasible.sa国际传媒

Bant said redactions were applied by the City of Surrey before it was given to the minister that included a summary where sa国际传媒渢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.sa国际传媒

sa国际传媒淣either pathway is straightforward and each requires fundamental conditions to be met by other parties in order to be successful,sa国际传媒 Bant told the court.

sa国际传媒淭he conclusion of this report, the Citysa国际传媒檚 own report that both options are feasible, neither option is straightforward, but both are feasible,sa国际传媒 he reiterated.

Bant told the judge some sa国际传媒渃andidsa国际传媒 sections suggest that sa国际传媒渢his report was probably never meant to be seen by the minister.sa国际传媒

Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the sa国际传媒渃onstitutionalitysa国际传媒 of Farnworthsa国际传媒檚 order.

Bant said this issue was sa国际传媒渢he simplest, in my submission.sa国际传媒

sa国际传媒淏y the way of overview on the constitutional issues,sa国际传媒 he began, the Citysa国际传媒檚 argument is contrary to the lawsa国际传媒檚 sa国际传媒渕eaning and scope.sa国际传媒

sa国际传媒淣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.

sa国际传媒淭he legislation has not restricted anyone from expressing themselves, including by voting, and thatsa国际传媒檚 really dispositive of the constitutional argument.sa国际传媒



About the Author: Tom Zytaruk

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