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BREAKING NEWS: Surrey loses policing transition court case

Justice Kevin Loo released his decision Thursday
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Brenda Locke photo by Anna Burns Mike Farnworth photo by THE CANADIAN PRESS/Chad Hipolito

The City of Surrey has lost the judicial review related to the Surrey policing transition. Surrey Mayor Brenda Locke said Thursday afternoon that the City害羞草研究所檚 legal team is digesting the judge害羞草研究所檚 decision and council will weigh its options.

Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the City害羞草研究所檚 petition aimed at quashing Public Safety Minister Mike Farnworth害羞草研究所檚 July 19, 2023 order that the RCMP must be replaced by the Surrey Police Service.

Loo heard final submissions May 3, following a five-day hearing that began April 29 in Vancouver.

In his 26-page reasons for judgment, Loo addressed the City害羞草研究所檚 argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey voters害羞草研究所 right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

害羞草研究所淚 have concluded that although voting is undoubtedly a protected activity, the 害羞草研究所榬esult害羞草研究所 or 害羞草研究所榤andate害羞草研究所 arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,害羞草研究所 Loo decided.

害羞草研究所淩egardless of whether the July decision was reasonable or within the Minister害羞草研究所檚 authority, the provincial legislature害羞草研究所檚 exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.害羞草研究所

Locke said the court challenge revealed 害羞草研究所渉uge holes害羞草研究所 in the transition to the SPS 害羞草研究所渙n multiple levels害羞草研究所 and the 害羞草研究所渢rue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.害羞草研究所

害羞草研究所淚 haven害羞草研究所檛 said we are going to appeal and I haven害羞草研究所檛 said we are not going to appeal,害羞草研究所 she stressed. 害羞草研究所淚 didn害羞草研究所檛 say we are going to continue with the fight.害羞草研究所 If there were no transition, she added, 害羞草研究所渢here would have been no 害羞草研究所 zero 害羞草研究所 tax increase in the City of Surrey in 2024.害羞草研究所

Farnworth held his press conference Thursday morning. 害羞草研究所淭oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,害羞草研究所 he said. 害羞草研究所淭he safety of the people in Surrey and across British Columbia has always been my main priority.害羞草研究所

Farnworth held a press conference Thursday morning to announce that 害羞草研究所渢oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing. The safety of the people in Surrey and across British Columbia has always been my main priority.害羞草研究所

害羞草研究所淧eople of Surrey want this to be over and I害羞草研究所檓 hopeful that today害羞草研究所檚 ruling is the time to come together and work towards completing the transition to the Surrey Police Service,害羞草研究所 Farnworth said. 害羞草研究所淧olice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that today害羞草研究所檚 ruling provides certainty to them and their families. To officers in the Surrey RCMP detachment, I know that work is already underway to ensure that your preferred placements are considered and my ministry is working closely with the RCMP as the transition continues.害羞草研究所

Farnworth told reporters it害羞草研究所檚 害羞草研究所減retty clear害羞草研究所 in terms of the arguments the City brought before Loo 害羞草研究所渁nd the judge dismissed them. That害羞草研究所檚 it in a nutshell.害羞草研究所

In April Farnworth said the SPS will replace the RCMP as the city害羞草研究所檚 police of jurisdiction on Nov. 29, 2024 and the transition will be complete within two to two-and-a-half years.

Locke announced in November that the City would challenge in court the 害羞草研究所榗onstitutionality害羞草研究所 of the provincial government害羞草研究所檚 decision to replace the Surrey RCMP with the Surrey Police Service.

On Oct. 13, the City of Surrey filed its first petition with the Supreme Court of British Columbia. An amended petition to the Oct. 13 filing was then submitted to the court on Nov. 20 with Locke characterizing it as a 害羞草研究所渟ignificant step to stop the NDP police service害羞草研究所 and a reply to the provincial government害羞草研究所檚 害羞草研究所渁ttempted police takeover, which would require a double digit 害羞草研究所 double digit 害羞草研究所 NDP tax hike on Surrey taxpayers.害羞草研究所

As for the City, Farnworth said Thursday, 害羞草研究所淚害羞草研究所檇 really like them to be at the table.害羞草研究所

害羞草研究所淲e害羞草研究所檝e made it clear that the $150 million is there,害羞草研究所 he said. 害羞草研究所淚 think it would be really important if the City of Surrey is at the table working to ensure the transition is completed as smoothly and as quickly as possible,害羞草研究所 he said. 害羞草研究所淭his has been a very challenging issue I think for everybody and with today害羞草研究所檚 decision what I would like and I think the people of Surrey would want to see happen is that the City of Surrey comes to the table.害羞草研究所

害羞草研究所淲hat matters the most is that the people of Surrey want this over and now with this court ruling they want the transition to continue with the City of Surrey working in collaboration with the Province,害羞草研究所 Farnworth said. 害羞草研究所淚t害羞草研究所檒l be great if the City of Surrey is there but the transition is moving forward.害羞草研究所

Asked if he害羞草研究所檚 anticipating the City will appeal Loo害羞草研究所檚 decision, Farnworth replied he doesn害羞草研究所檛 know what the City intends to do. 害羞草研究所淚 expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think what害羞草研究所檚 important is the people of Surrey want this over and this decision certainly indicates that, you know what, it害羞草研究所檚 over.害羞草研究所

Locke said the extra cost to fund the transition will be in the range of $75 million more per year and this will have a negative impact on taxation and infrastructure projects as well. 害羞草研究所淭he biggest concern for us right now is the enormous tax burden that is in front of us, the $75 million dollars,害羞草研究所 Locke said, adding that 害羞草研究所$75 million is forever, and that will only escalate. We are looking at a generational decision that is being imposed on our city.害羞草研究所

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About the Author: Tom Zytaruk

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