The City of Surrey香蕉视频直播檚 petition for a judicial review aimed at quashing Public Safety Minister Mike Farnworth香蕉视频直播檚 order to replace the RCMP with the Surrey Police Service is now before Justice Kevin Loo in B.C. Supreme Court in Vancouver court, as the five-day hearing began Monday morning (April 29).

The day began with discussion concerning proposed redactions and sealing orders, with the provincial government香蕉视频直播檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The City香蕉视频直播檚 legal counsel opposed the order sought.

香蕉视频直播淚t香蕉视频直播檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,香蕉视频直播� the Province香蕉视频直播檚 lawyer Trevor Bant argued. 香蕉视频直播淚t doesn香蕉视频直播檛 relate to anything that is at issue.香蕉视频直播�

Loo replied 香蕉视频直播渋t may well be relevant to this petition.香蕉视频直播�

香蕉视频直播淚t香蕉视频直播檚 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,香蕉视频直播� the judge noted.

Lawyer Craig Dennis, representing the City of Surrey, told Loo that 香蕉视频直播渢he city is not seeking to seal or withhold any information in this proceeding, it香蕉视频直播檚 the Province that seeks to do so.香蕉视频直播�

READ ALSO: No 香蕉视频直播榩arade of witnesses香蕉视频直播� in Surrey香蕉视频直播檚 cop transition court case

Concerning some information, he said, 香蕉视频直播渓et香蕉视频直播檚 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, it香蕉视频直播檚 to seal it from you, Justice.香蕉视频直播�

香蕉视频直播淭hey香蕉视频直播檙e not going to give it to you, judge. They香蕉视频直播檙e not going to give it to you what the minister had, they香蕉视频直播檙e not going to give it to the petitioner, the party bringing the challenge.香蕉视频直播�

香蕉视频直播淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,香蕉视频直播� Dennis said.

He said that in his 香蕉视频直播渞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.香蕉视频直播�

Loo is expected to rule on the sealing and redaction order request Tuesday.

City challenging 香蕉视频直播榗onstitutionality香蕉视频直播� of police decision

Surrey Mayor Brenda Locke announced in November that the city is challenging in court the 香蕉视频直播渃onstitutionality香蕉视频直播� of the provincial government香蕉视频直播檚 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 Farnworth香蕉视频直播檚 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 香蕉视频直播渟ignificant step to stop the NDP police service香蕉视频直播� and a reply to the provincial government香蕉视频直播檚 香蕉视频直播渁ttempted police takeover, which would require a double-digit 香蕉视频直播� double-digit 香蕉视频直播� NDP tax hike on Surrey taxpayers.香蕉视频直播�

Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it won香蕉视频直播檛 have an impact on the transition.

香蕉视频直播淚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,香蕉视频直播� he said.

For Locke香蕉视频直播檚 part, she told the Now-Leader that 香蕉视频直播渇or the City of Surrey, we香蕉视频直播檙e in court on the 29th, that香蕉视频直播檚 where the truth will come out, and we香蕉视频直播檒l see what香蕉视频直播檚 going to be next. I look forward to the truth being told to the public.香蕉视频直播�

On Monday (April 29) Dennis provided Loo with a written argument indicating Farnworth香蕉视频直播檚 order will increase the annual cost for policing to Surrey taxpayers by 香蕉视频直播渁t least香蕉视频直播� $75 million (or 46 per cent) 香蕉视频直播渨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 City香蕉视频直播檚 coming to court.香蕉视频直播�

The City香蕉视频直播檚 counsel argued that contrary to a May 2023 agreement between the mayor and premier, 香蕉视频直播渁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 policing香蕉视频直播� and 香蕉视频直播渨ithout a plan for a transition away from the RCMP 香蕉视频直播� Surrey香蕉视频直播檚 police of jurisdiction today and for the past 70 years 香蕉视频直播� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, 香蕉视频直播榶ou figure it out.香蕉视频直播櫹憬妒悠抵辈�� Moreover, the City argues, Farnworth香蕉视频直播檚 order was contrary to the 香蕉视频直播渆xpressed mandate香蕉视频直播� from Surrey voters in the 2022 city election 香蕉视频直播渨here policing was the central issue and Surrey voted to keep the RCMP.香蕉视频直播�

Concerning the Charter question, Dennis told the judge in the case before him the provincial government 香蕉视频直播渋ntervened and nullified the vote, nullified the mandate香蕉视频直播� in a state action 香蕉视频直播渢argeted to a specific municipality 香蕉视频直播� not legislation and general application 香蕉视频直播� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.香蕉视频直播�

Province imposed transition on Surrey 香蕉视频直播榠n the absence of any plan香蕉视频直播�: City

The City argues that the Police Act gives the City, 香蕉视频直播渘ot the minister, the authority to decide on keeping the RCMP香蕉视频直播� and 香蕉视频直播渋n any event, the minister香蕉视频直播檚 decision was unreasonable in an administrative law sense香蕉视频直播� because he 香蕉视频直播渇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 香蕉视频直播� because that香蕉视频直播檚 what would have been needed 香蕉视频直播� 600 SPS officers could also have similar or more serious consequences,香蕉视频直播� and that Farnworth imposed the transition to the SPS on Surrey 香蕉视频直播渋n the absence of any plan to make that work.香蕉视频直播�

The City香蕉视频直播檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that 香蕉视频直播渢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.香蕉视频直播�

Further, Surrey香蕉视频直播檚 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.

Farnworth香蕉视频直播檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court 香蕉视频直播渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British Columbia香蕉视频直播� and this, the City argued, interferes 香蕉视频直播渨ith Surrey voters香蕉视频直播� 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 Surrey香蕉视频直播檚 police of jurisdiction.香蕉视频直播�

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

香蕉视频直播淭he mayor and the premier, they lived up to Subparagraph G and you香蕉视频直播檒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.香蕉视频直播�