The City of Surrey understood that Public Safety Minister Mike 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.
害羞草研究所淚t wanted a decision approving its choice,害羞草研究所� Trevor Bant, the lawyer representing the provincial government, told the judge Friday (May 3). 害羞草研究所淭he City understood that this is not something it could do unilaterally, on its own. Both options required the involvement of other parties, and the City invoked the minister害羞草研究所檚 jurisdiction in the hope of a favourable decision that would help the City get what it wanted from other parties. So it was only after the decision went against the City that a belated objection to jurisdiction would come.害羞草研究所�
Justice Kevin Loo is presiding over 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. The five-day hearing began April 29 in B.C. Supreme Court in Vancouver.
He reserved his decision after hearing final submissions Friday.
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�
Before getting into the finals, Bant said the Police Act requires the minister to ensure an adequate level of policing.
Bant said the Police Act requires the minister to ensure an adequate level of policing.
The Interpretation Act codifies the principle that if in an enactment power is given to a person 害羞草研究所渢o do an act or thing, all the powers that are necessary to enable a person to do the act or thing, are also gauged to be given,害羞草研究所� Bant noted, adding that害羞草研究所檚 害羞草研究所渁n important principle in interpreting the Police Act 害羞草研究所� any legislation, but especially in this circumstance the Police Act. And I say that the Police Act empowers the minister, requires the minister, to ensure an adequate and effective level of policing is maintained.害羞草研究所�
害羞草研究所淚t was reasonable for the minister to be concerned that the City proposed to re-staff the Surrey RCMP detachment by prioritizing Surrey害羞草研究所檚 needs over critical RCMP staffing needs in British Columbia,害羞草研究所� Bant said. 害羞草研究所淭he City害羞草研究所檚 assumption that 50 per cent 害羞草研究所� roughly half of SPS officers would want to join the RCMP, even if that assumption proved to be correct, the plan still contemplated hiring RCMP officers and putting them in Surrey when they could otherwise be deployed elsewhere to address critical vacancies within the RCMP.害羞草研究所�
害羞草研究所淚n a very direct sense, it is not the City害羞草研究所檚 concern what happens elsewhere in British Columbia,害羞草研究所� Bant stressed, 害羞草研究所渁nd if there are critical RCMP vacancies elsewhere, that害羞草研究所檚 not the City害羞草研究所檚 concern, but it is the minister害羞草研究所檚 concern.害羞草研究所�
Bant told Loo that in the lead-up to Farnworth害羞草研究所檚 order, the SPS had provided him with a submission on where the SPS hires were coming from. He said the 害羞草研究所渒ey害羞草研究所� information of that report is the SPS indicated it was implementing strategies to attract candidates from outside of British Columbia 害羞草研究所渋n an effort to support the staffing of the SPS while preventing the destabilization of other municipal departments in the Lower Mainland.害羞草研究所�
It was 害羞草研究所減articularly successful害羞草研究所� in attracting candidates from the Toronto area, the court heard.
害羞草研究所淭he information that was available to the minister at the time is that SPS was doing a great job recruiting from outside of British Columbia, especially from Toronto,害羞草研究所� Bant said. 害羞草研究所淣ow that害羞草研究所檚 perhaps a problem for Ontario, but as far as British Columbia is concerned, a really quite positive net increase in officers.害羞草研究所�
