A B.C. Supreme Court judge has reserved his decision on the City of Surrey害羞草研究所檚 judicial review 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.

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

害羞草研究所淚 am aware of the urgency of the matter,害羞草研究所� Loo said. 害羞草研究所淚害羞草研究所檒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害羞草研究所檒l just say that the excellence of counsel this week is not surprising, but I害羞草研究所檓 grateful for it nonetheless, and I害羞草研究所檓 thankful for your thoughtful, very considered and eloquent submissions.害羞草研究所�

During final submissions, Craig Dennis, the lawyer representing the City of Surrey, said the 害羞草研究所渆nd result害羞草研究所� was that Farnworth imposed the SPS on Surrey 害羞草研究所渨ith nobody, nobody害羞草研究所� having done a comprehensive assessment of the impacts.

害羞草研究所淚n my submission, this is too large an undertaking to impose without those impacts having been assessed,害羞草研究所� Dennis told Loo.

Dennis said the provincial government害羞草研究所檚 position involved a 害羞草研究所渞ecasting害羞草研究所� of the City害羞草研究所檚 arguments. 害羞草研究所淚t shifts the terms of reference away from what the City害羞草研究所檚 actually argued. Again, respectfully, in doing so it hasn害羞草研究所檛 grappled with the crux of the positions,害羞草研究所� 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, 害羞草研究所渢here害羞草研究所檚 no suggestion here in the evidence that there was any agreement about the substance of the decision the minister was going to make.害羞草研究所� At any rate, he added, nothing discussed between the premier and mayor 害羞草研究所渃ould fetter the minister害羞草研究所檚 discretion.害羞草研究所�

害羞草研究所淭he statutory power of decision was the minister害羞草研究所檚 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.害羞草研究所�

害羞草研究所淚 say that the minister害羞草研究所檚 decision is reasonable and the City has not shown that it is unreasonable,害羞草研究所� Bant said. 害羞草研究所淭he fact that all of the details weren害羞草研究所檛 yet worked out for Phase 2, that doesn害羞草研究所檛 make the decision unreasonable.害羞草研究所�

Bant told Loo that while the minister is 害羞草研究所渁ppropriately sensitive害羞草研究所� to costs, ultimately his statutory responsibility is to ensure 害羞草研究所渁n adequate and effective level of policing is maintained throughout British Columbia.

害羞草研究所淗e害羞草研究所檚 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,害羞草研究所� he said. 害羞草研究所淚 don害羞草研究所檛 understand the City to take the position that cost is a sufficient reason to set aside the decision. That is, I don害羞草研究所檛 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.害羞草研究所�

Bant argued that the $75-million difference per year between the cost of the SPS versus the RCMP is based on an 害羞草研究所渁pples to oranges害羞草研究所� comparison of 734 Mounties compared to 900 SPS officers.

害羞草研究所淭hat害羞草研究所檚 not a like-to-like comparison,害羞草研究所� he said, nor does it take into account severance obligations at $113.3 million for SPS officers and management, according to the City害羞草研究所檚 estimate.

Meantime, Dennis turned to Bant害羞草研究所檚 argument that the statutory authority Farnworth possessed was the power 害羞草研究所渕erely to approve, or not, the City害羞草研究所檚 plan to keep the RCMP.

害羞草研究所淓ven if that were so, that害羞草研究所檚 not the decision the minister made, and it is not therefore the statutory authority the respondents have defined,害羞草研究所� Dennis maintained. 害羞草研究所淭he minister did not merely disapprove the City害羞草研究所檚 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.害羞草研究所�

害羞草研究所淎nd as I listened to my friend,害羞草研究所� Dennis said, referring to Bant, 害羞草研究所淚 did not hear an attempt to argue the minister had that power.

害羞草研究所淢y friend, however, in his submissions was at pains to describe a different, lesser power 害羞草研究所� all the minister could consider was public safety and all he could do was approve the City害羞草研究所檚 plan, or not,害羞草研究所� Dennis continued. 害羞草研究所淚f my friend is right about that, and even on my friend害羞草研究所檚 terms, the minister exceeded his jurisdiction because he did much more than simply approve or not the City害羞草研究所檚 plan.害羞草研究所�

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, 害羞草研究所渋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.害羞草研究所�

Dennis argued that Farnworth only has the powers 害羞草研究所渃onferred to him by the statute; he cannot exercise powers beyond what the legislation conferred.害羞草研究所�

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 害羞草研究所渁n important public interest at stake.害羞草研究所�

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 害羞草研究所渞eneged害羞草研究所� on it. Bant argued it害羞草研究所檚害羞草研究所渋rrelevant害羞草研究所� whether they struck a deal on the city害羞草研究所檚 policing transition before Farnworth issued his edict July 19, 2023.

Dennis argued Farnworth害羞草研究所檚 order to press on with SPS is akin to replacing the 害羞草研究所渨inner with the runner-up害羞草研究所� by overriding Surrey council害羞草研究所檚 desire under Locke to keep the RCMP and enforcing the previous council害羞草研究所檚 desire, under former mayor Doug McCallum, to install the SPS as the city害羞草研究所檚 police of jurisdiction.

Bant argued that Surrey council害羞草研究所檚 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害羞草研究所檛 get its way.