Justice Kevin Loo sealed three of six pieces of information contained in an affidavit as the City of Surrey and the provincial government face off in court over the city害羞草研究所檚 policing transition.

This came in response to a provincial government application made on the first day of the City of Surrey害羞草研究所檚 petition for a judicial review that害羞草研究所檚 aimed at quashing Public Safety Minister Mike Farnworth害羞草研究所檚 order to replace the RCMP with the Surrey Police Service.

The five-day hearing in B.C. Supreme Court in Vancouver began Monday morning (April 29).

Loo granted sealing orders in respect to SPS operation plans and policies concerning covert and undercover operations, precise RCMP/SPS staffing levels and RCMP contingency plans, finding 害羞草研究所渁n important public interest at stake.害羞草研究所�

害羞草研究所淚f information of this kind is disclosed to persons intending to commit crimes, there is a serious risk that law enforcement objectives may be compromised,害羞草研究所� he explained. 害羞草研究所淚 find that the redactions proposed are necessary and the benefits of the redaction outweigh the prejudice to the Supreme Court openness.害羞草研究所�

He refused to seal information concerning SPS facilities and equipment, including software and IT systems, human resource strategies for reducing vacancies, and consultation with Indigenous governing bodies.

Moreover, Loo also decided not to seal or redact a concerning allegations of harassment, bullying and public safety concerns involving the RCMP.

害羞草研究所淎llegations, sometimes justified and sometimes spurious, are tendered every day in these courts, so are descriptions of criminal activity,害羞草研究所� Loo noted. 害羞草研究所淚n my view, there is value to those allegations and evidence being available to the public.害羞草研究所�

The case began Monday with discussion concerning proposed redactions and sealing orders, with the provincial government害羞草研究所檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The City害羞草研究所檚 legal counsel opposed the order sought.

害羞草研究所淚t害羞草研究所檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,害羞草研究所� the Province害羞草研究所檚 lawyer, Trevor Bant, argued. 害羞草研究所淚t doesn害羞草研究所檛 relate to anything that is at issue.害羞草研究所�

Loo replied: 害羞草研究所淚t may well be relevant to this petition.害羞草研究所�

害羞草研究所淚t害羞草研究所檚 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,害羞草研究所� the judge noted.

Lawyer Craig Dennis, representing the City of Surrey, told Loo that 害羞草研究所渢he city is not seeking to seal or withhold any information in this proceeding, it害羞草研究所檚 the Province that seeks to do so.害羞草研究所�

Concerning some information, he said, 害羞草研究所渓et害羞草研究所檚 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害羞草研究所檚 to seal it from you, Justice.害羞草研究所�

害羞草研究所淭hey害羞草研究所檙e not going to give it to you, judge. They害羞草研究所檙e not going to give it to you what the minister had, they害羞草研究所檙e not going to give it to the petitioner, the party bringing the challenge.害羞草研究所�

害羞草研究所淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,害羞草研究所� Dennis said.

He said that in his 害羞草研究所渞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.害羞草研究所�

Surrey Mayor Brenda Locke announced in November that the city is challenging in court the 害羞草研究所渃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 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害羞草研究所檚 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 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�

Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it won害羞草研究所檛 have an impact on the transition.

害羞草研究所淚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,害羞草研究所� he said.

For Locke害羞草研究所檚 part, she told the Now-Leader that 害羞草研究所渇or the City of Surrey, we害羞草研究所檙e in court on the 29th, that害羞草研究所檚 where the truth will come out, and we害羞草研究所檒l see what害羞草研究所檚 going to be next. I look forward to the truth being told to the public.害羞草研究所�

On Monday (April 29), Dennis provided Loo with a written argument indicating Farnworth害羞草研究所檚 order will increase the annual cost for policing to Surrey taxpayers by 害羞草研究所渁t least害羞草研究所� $75 million (or 46 per cent) 害羞草研究所渨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害羞草研究所檚 coming to court.害羞草研究所�

The City害羞草研究所檚 counsel argued that, contrary to a May 2023 agreement between the mayor and premier, 害羞草研究所渁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害羞草研究所� and 害羞草研究所渨ithout a plan for a transition away from the RCMP 害羞草研究所� Surrey害羞草研究所檚 police of jurisdiction today and for the past 70 years 害羞草研究所� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, 害羞草研究所榶ou figure it out.害羞草研究所櫤π卟菅芯克鶟 Moreover, the City argues, Farnworth害羞草研究所檚 order was contrary to the 害羞草研究所渆xpressed mandate害羞草研究所� from Surrey voters in the 2022 city election 害羞草研究所渨here policing was the central issue and Surrey voted to keep the RCMP.害羞草研究所�

Concerning the Charter question, Dennis told the judge in the case before him the provincial government 害羞草研究所渋ntervened and nullified the vote, nullified the mandate害羞草研究所� in a state action 害羞草研究所渢argeted to a specific municipality 害羞草研究所� not legislation and general application 害羞草研究所� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.害羞草研究所�

Province imposed transition on Surrey 害羞草研究所榠n the absence of any plan害羞草研究所�: City

The City argues that the Police Act gives the City, 害羞草研究所渘ot the minister, the authority to decide on keeping the RCMP害羞草研究所� and 害羞草研究所渋n any event, the minister害羞草研究所檚 decision was unreasonable in an administrative law sense害羞草研究所� because he 害羞草研究所渇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 害羞草研究所� because that害羞草研究所檚 what would have been needed 害羞草研究所� 600 SPS officers could also have similar or more serious consequences,害羞草研究所� and that Farnworth imposed the transition to the SPS on Surrey 害羞草研究所渋n the absence of any plan to make that work.害羞草研究所�

The City害羞草研究所檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that 害羞草研究所渢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.害羞草研究所�

Further, Surrey害羞草研究所檚 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害羞草研究所檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court 害羞草研究所渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British Columbia害羞草研究所� and this, the City argued, interferes 害羞草研究所渨ith Surrey voters害羞草研究所� 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害羞草研究所檚 police of jurisdiction.害羞草研究所�

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

害羞草研究所淭he mayor and the premier, they lived up to Subparagraph G, and you害羞草研究所檒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.害羞草研究所�