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Mayor-premier policing deal 害羞草研究所榠rrelevant害羞草研究所 to Surrey court case: lawyer

It doesn害羞草研究所檛 matter whether Locke and Eby struck an agreement on policing transition, judge hears
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The provincial government害羞草研究所檚 lawyer in the Surrey policing feud made his case today in B.C. Supreme Court in Vancouver. (Black Press Media file)

A B.C. Supreme Court judge was told Thursday (May 2) it害羞草研究所檚 害羞草研究所渋rrelevant害羞草研究所 whether Surrey Mayor Brenda Locke and Premier David Eby struck a deal on the city害羞草研究所檚 policing transition before Public Safety Minister Mike Farnworth issued his edict July 19, 2023 that the RCMP must be replaced by the Surrey Police Service.

Justice Kevin Loo is presiding over the City of Surrey害羞草研究所檚 petition for a judicial review aimed at quashing that order in a five-day hearing that began April 29 in B.C. Supreme Court in Vancouver. He heard evidence on the second day of the hearing about a deal reached between Locke and Eby, contained in an affidavit from a political advisor and note-taker for the mayor, before Public Safety Minister Mike Farnworth

On Thursday (May 2), lawyer Trevor Bant, representing the provincial government, told Loo that 害羞草研究所淚 don害羞草研究所檛 propose to deal with the mayor害羞草研究所檚 affidavit in any way,害羞草研究所 he said, adding 害羞草研究所渢he respondent害羞草研究所檚 position is that virtually all of the statements attributed to the premier and the minister in the mayor害羞草研究所檚 affidavit are inaccurate, taken out of context or both.害羞草研究所

He told Loo he won害羞草研究所檛 tender a 害羞草研究所渢it-for-tat害羞草研究所 reply.

害羞草研究所淚t害羞草研究所檚 irrelevant, in my submission on the judicial review component of the proceedings. The submission I害羞草研究所檒l make there is that it害羞草研究所檚 really quite irrelevant whether the premier and the mayor entered into some kind of deal about the timing of a vote. It害羞草研究所檚 not germane to the legal issues that are before you.害羞草研究所

Bant said 害羞草研究所渢here害羞草研究所檚 no evidence whatsoever害羞草研究所 that Farnworth 害羞草研究所渨as thinking about anything other than public safety. The City can certainly challenge the reasonableness of the minister害羞草研究所檚 conclusions, but not for sincerity.害羞草研究所

He noted that a ministry analysis of a strategy to keep RCMP and restaff the Surrey detachment was 害羞草研究所渁mbitious but feasible only when considered in isolation of the RCMP resourcing pressures across the province.害羞草研究所

A report from the City of Surrey, Bant said, concluded that while neither keeping the RCMP as Surrey害羞草研究所檚 police of jurisdiction or continuing with the transition to the Surrey Police Service are 害羞草研究所渟traightforward害羞草研究所 options, 害羞草研究所渂oth options are feasible.害羞草研究所

Bant said redactions were applied by the City of Surrey before it was given to the minister that included a summary where 害羞草研究所渢he conclusion is really that both options are feasible. Where a council decision to maintain the RCMP is feasible with conditions (and) continuing the transition to the SPS is also feasible with conditions.害羞草研究所

害羞草研究所淣either pathway is straightforward and each requires fundamental conditions to be met by other parties in order to be successful,害羞草研究所 Bant told the court.

害羞草研究所淭he conclusion of this report, the City害羞草研究所檚 own report that both options are feasible, neither option is straightforward, but both are feasible,害羞草研究所 he reiterated.

Bant told the judge some 害羞草研究所渃andid害羞草研究所 sections suggest that 害羞草研究所渢his report was probably never meant to be seen by the minister.害羞草研究所

Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the 害羞草研究所渃onstitutionality害羞草研究所 of Farnworth害羞草研究所檚 order.

Bant said this issue was 害羞草研究所渢he simplest, in my submission.害羞草研究所

害羞草研究所淏y the way of overview on the constitutional issues,害羞草研究所 he began, the City害羞草研究所檚 argument is contrary to the law害羞草研究所檚 害羞草研究所渕eaning and scope.害羞草研究所

害羞草研究所淣otwithstanding the creativity and the very able submissions that have been made on behalf of the City, it really is a radical expression of freedom of expression that would convert our representative democracy into a direct democracy in which voters have that very literal right to get what they vote for.

害羞草研究所淭he legislation has not restricted anyone from expressing themselves, including by voting, and that害羞草研究所檚 really dispositive of the constitutional argument.害羞草研究所



About the Author: Tom Zytaruk

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