A B.C. Supreme Court judge has reserved his decision on the City of Surrey香蕉视频直播檚 judicial review petition aimed at quashing Public Safety Minister Mike Farnworth香蕉视频直播檚 July 19, 2023 order that the RCMP must be replaced by the Surrey Police Service.

Justice Kevin Loo did this after hearing final submissions May 3, concluding a five-day hearing that began April 29 in Vancouver.

香蕉视频直播淚 am aware of the urgency of the matter,香蕉视频直播� Loo said. 香蕉视频直播淚香蕉视频直播檒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 I香蕉视频直播檒l just say that the excellence of counsel this week is not surprising, but I香蕉视频直播檓 grateful for it nonetheless, and I香蕉视频直播檓 thankful for your thoughtful, very considered and eloquent submissions.香蕉视频直播�

During final submissions, Craig Dennis, the lawyer representing the City of Surrey, said the 香蕉视频直播渆nd result香蕉视频直播� was that Farnworth imposed the SPS on Surrey 香蕉视频直播渨ith nobody, nobody香蕉视频直播� having done a comprehensive assessment of the impacts.

香蕉视频直播淚n my submission, this is too large an undertaking to impose without those impacts having been assessed,香蕉视频直播� Dennis told Loo.

Dennis said the provincial government香蕉视频直播檚 position involved a 香蕉视频直播渞ecasting香蕉视频直播� of the City香蕉视频直播檚 arguments. 香蕉视频直播淚t shifts the terms of reference away from what the City香蕉视频直播檚 actually argued. Again, respectfully, in doing so it hasn香蕉视频直播檛 grappled with the crux of the positions,香蕉视频直播� Dennis said.

Trevor Bant, representing the provincial government, argued that concerning any meeting between Surrey Mayor Brenda Locke and Premier David Eby regarding the policing transition, 香蕉视频直播渢here香蕉视频直播檚 no suggestion here in the evidence that there was any agreement about the substance of the decision the minister was going to make.香蕉视频直播� At any rate, he added, nothing discussed between the premier and mayor 香蕉视频直播渃ould fetter the minister香蕉视频直播檚 discretion.香蕉视频直播�

香蕉视频直播淭he statutory power of decision was the minister香蕉视频直播檚 and the administrative law required him to exercise, to make that decision independently. It would not be lawful for the minister to implement the decision that had been made by someone else in government and communicated to him.香蕉视频直播�

香蕉视频直播淚 say that the minister香蕉视频直播檚 decision is reasonable and the City has not shown that it is unreasonable,香蕉视频直播� Bant said. 香蕉视频直播淭he fact that all of the details weren香蕉视频直播檛 yet worked out for Phase 2, that doesn香蕉视频直播檛 make the decision unreasonable.香蕉视频直播�

Bant told Loo that while the minister is 香蕉视频直播渁ppropriately sensitive香蕉视频直播� to costs, ultimately his statutory responsibility is to ensure 香蕉视频直播渁n adequate and effective level of policing is maintained throughout British Columbia.

香蕉视频直播淗e香蕉视频直播檚 fundamentally focused on public safety, and after he reached the conclusion that the plan was not safe, that was really the end of the analysis, for him,香蕉视频直播� he said. 香蕉视频直播淚 don香蕉视频直播檛 understand the City to take the position that cost is a sufficient reason to set aside the decision. That is, I don香蕉视频直播檛 understand the City to be saying even if the minister was right, that the plan was dangerous, still he should have approved it because of cost. Rather I take the City to be saying that the additional cost is not justified by any public safety benefit.香蕉视频直播�

Bant argued that the $75-million difference per year between the cost of the SPS versus the RCMP is based on an 香蕉视频直播渁pples to oranges香蕉视频直播� comparison of 734 Mounties compared to 900 SPS officers.

香蕉视频直播淭hat香蕉视频直播檚 not a like-to-like comparison,香蕉视频直播� he said, nor does it take into account severance obligations at $113.3 million for SPS officers and management, according to the City香蕉视频直播檚 estimate.

Meantime, Dennis turned to Bant香蕉视频直播檚 argument that the statutory authority Farnworth possessed was the power 香蕉视频直播渕erely to approve, or not, the City香蕉视频直播檚 plan to keep the RCMP.

香蕉视频直播淓ven if that were so, that香蕉视频直播檚 not the decision the minister made, and it is not therefore the statutory authority the respondents have defined,香蕉视频直播� Dennis maintained. 香蕉视频直播淭he minister did not merely disapprove the City香蕉视频直播檚 plan, which would entail presumably sending the City back to the drawing board. Instead, the minister purported to order that the SPS be the method of policing in Surrey.香蕉视频直播�

香蕉视频直播淎nd as I listened to my friend,香蕉视频直播� Dennis said, referring to Bant, 香蕉视频直播淚 did not hear an attempt to argue the minister had that power.

香蕉视频直播淢y friend, however, in his submissions was at pains to describe a different, lesser power 香蕉视频直播� all the minister could consider was public safety and all he could do was approve the City香蕉视频直播檚 plan, or not,香蕉视频直播� Dennis continued. 香蕉视频直播淚f my friend is right about that, and even on my friend香蕉视频直播檚 terms, the minister exceeded his jurisdiction because he did much more than simply approve or not the City香蕉视频直播檚 plan.香蕉视频直播�

Dennis said Surrey has never claimed or implied that a policy is entitled to charter protection but rather sought for protection of the integrity of the civic election, 香蕉视频直播渋n which Surrey voters, having been given a choice over policing, exercised that choice through voting, saw their representatives seek to implement that choice, and then saw the Province nullify that choice through legislation.香蕉视频直播�

Dennis argued that Farnworth only has the powers 香蕉视频直播渃onferred to him by the statute; he cannot exercise powers beyond what the legislation conferred.香蕉视频直播�

Last week, Loo sealed information related to SPS operation plans and policies concerning covert and undercover operations, precise RCMP/SPS staffing levels and RCMP contingency plans, finding 香蕉视频直播渁n important public interest at stake.香蕉视频直播�

The judge heard about a deal reached between Locke and Eby, contained in an affidavit from a political advisor and note-taker for the mayor, before Farnworth 香蕉视频直播渞eneged香蕉视频直播� on it. Bant argued it香蕉视频直播檚香蕉视频直播渋rrelevant香蕉视频直播� whether they struck a deal on the city香蕉视频直播檚 policing transition before Farnworth issued his edict July 19, 2023.

Dennis argued Farnworth香蕉视频直播檚 order to press on with SPS is akin to replacing the 香蕉视频直播渨inner with the runner-up香蕉视频直播� by overriding Surrey council香蕉视频直播檚 desire under Locke to keep the RCMP and enforcing the previous council香蕉视频直播檚 desire, under former mayor Doug McCallum, to install the SPS as the city香蕉视频直播檚 police of jurisdiction.

Bant argued that Surrey council香蕉视频直播檚 mandate to keep the RCMP is not protected under the Charter of Rights and Freedoms, and the City understood Farnworth had the power to make a decision on the future of policing in Surrey but only objected when it didn香蕉视频直播檛 get its way.