The City of Surrey understood that Public Safety Minister Mike Farnworth had the power to make a decision on the future of policing in Surrey but only objected when it didnsa国际传媒檛 get its way.
sa国际传媒淚t wanted a decision approving its choice,sa国际传媒� Trevor Bant, the lawyer representing the provincial government, told the judge Friday (May 3). sa国际传媒淭he City understood that this is not something it could do unilaterally, on its own. Both options required the involvement of other parties, and the City invoked the ministersa国际传媒檚 jurisdiction in the hope of a favourable decision that would help the City get what it wanted from other parties. So it was only after the decision went against the City that a belated objection to jurisdiction would come.sa国际传媒�
Justice Kevin Loo is presiding over the City of Surreysa国际传媒檚 judicial review 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. The five-day hearing began April 29 in B.C. Supreme Court in Vancouver.
He reserved his decision after hearing final submissions Friday.
sa国际传媒淚 am aware of the urgency of the matter,sa国际传媒� Loo said. sa国际传媒淚sa国际传媒檒l make no specific promises except to say that I will do my best to get you a decision as quickly as reasonably possible. In conclusion Isa国际传媒檒l just say that the excellence of counsel this week is not surprising but Isa国际传媒檓 grateful for it nonetheless and Isa国际传媒檓 thankful for your thoughtful, very considered and eloquent submissions.sa国际传媒�
Before getting into the finals, Bant said the Police Act requires the minister to ensure an adequate level of policing.
Bant said the Police Act requires the minister to ensure an adequate level of policing.
The Interpretation Act codifies the principle that if in an enactment power is given to a person sa国际传媒渢o do an act or thing, all the powers that are necessary to enable a person to do the act or thing, are also gauged to be given,sa国际传媒� Bant noted, adding thatsa国际传媒檚 sa国际传媒渁n important principle in interpreting the Police Act sa国际传媒� any legislation, but especially in this circumstance the Police Act. And I say that the Police Act empowers the minister, requires the minister, to ensure an adequate and effective level of policing is maintained.sa国际传媒�
sa国际传媒淚t was reasonable for the minister to be concerned that the City proposed to re-staff the Surrey RCMP detachment by prioritizing Surreysa国际传媒檚 needs over critical RCMP staffing needs in British Columbia,sa国际传媒� Bant said. sa国际传媒淭he Citysa国际传媒檚 assumption that 50 per cent sa国际传媒� roughly half of SPS officers would want to join the RCMP, even if that assumption proved to be correct, the plan still contemplated hiring RCMP officers and putting them in Surrey when they could otherwise be deployed elsewhere to address critical vacancies within the RCMP.sa国际传媒�
sa国际传媒淚n a very direct sense, it is not the Citysa国际传媒檚 concern what happens elsewhere in British Columbia,sa国际传媒� Bant stressed, sa国际传媒渁nd if there are critical RCMP vacancies elsewhere, thatsa国际传媒檚 not the Citysa国际传媒檚 concern, but it is the ministersa国际传媒檚 concern.sa国际传媒�
Bant told Loo that in the lead-up to Farnworthsa国际传媒檚 order, the SPS had provided him with a submission on where the SPS hires were coming from. He said the sa国际传媒渒eysa国际传媒� information of that report is the SPS indicated it was implementing strategies to attract candidates from outside of British Columbia sa国际传媒渋n an effort to support the staffing of the SPS while preventing the destabilization of other municipal departments in the Lower Mainland.sa国际传媒�
It was sa国际传媒減articularly successfulsa国际传媒� in attracting candidates from the Toronto area, the court heard.
sa国际传媒淭he information that was available to the minister at the time is that SPS was doing a great job recruiting from outside of British Columbia, especially from Toronto,sa国际传媒� Bant said. sa国际传媒淣ow thatsa国际传媒檚 perhaps a problem for Ontario, but as far as British Columbia is concerned, a really quite positive net increase in officers.sa国际传媒�
