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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 City91裸聊视频檚 legal team is digesting the judge91裸聊视频檚 decision and council will weigh its options.

Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the City91裸聊视频檚 petition aimed at quashing Public Safety Minister Mike Farnworth91裸聊视频檚 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 City91裸聊视频檚 argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey voters91裸聊视频 right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

91裸聊视频淚 have concluded that although voting is undoubtedly a protected activity, the 91裸聊视频榬esult91裸聊视频 or 91裸聊视频榤andate91裸聊视频 arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,91裸聊视频 Loo decided.

91裸聊视频淩egardless of whether the July decision was reasonable or within the Minister91裸聊视频檚 authority, the provincial legislature91裸聊视频檚 exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.91裸聊视频

Locke said the court challenge revealed 91裸聊视频渉uge holes91裸聊视频 in the transition to the SPS 91裸聊视频渙n multiple levels91裸聊视频 and the 91裸聊视频渢rue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.91裸聊视频

91裸聊视频淚 haven91裸聊视频檛 said we are going to appeal and I haven91裸聊视频檛 said we are not going to appeal,91裸聊视频 she stressed. 91裸聊视频淚 didn91裸聊视频檛 say we are going to continue with the fight.91裸聊视频 If there were no transition, she added, 91裸聊视频渢here would have been no 91裸聊视频 zero 91裸聊视频 tax increase in the City of Surrey in 2024.91裸聊视频

Farnworth held his press conference Thursday morning. 91裸聊视频淭oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,91裸聊视频 he said. 91裸聊视频淭he safety of the people in Surrey and across British Columbia has always been my main priority.91裸聊视频

Farnworth held a press conference Thursday morning to announce that 91裸聊视频渢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.91裸聊视频

91裸聊视频淧eople of Surrey want this to be over and I91裸聊视频檓 hopeful that today91裸聊视频檚 ruling is the time to come together and work towards completing the transition to the Surrey Police Service,91裸聊视频 Farnworth said. 91裸聊视频淧olice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that today91裸聊视频檚 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.91裸聊视频

Farnworth told reporters it91裸聊视频檚 91裸聊视频減retty clear91裸聊视频 in terms of the arguments the City brought before Loo 91裸聊视频渁nd the judge dismissed them. That91裸聊视频檚 it in a nutshell.91裸聊视频

In April Farnworth said the SPS will replace the RCMP as the city91裸聊视频檚 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 91裸聊视频榗onstitutionality91裸聊视频 of the provincial government91裸聊视频檚 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 91裸聊视频渟ignificant step to stop the NDP police service91裸聊视频 and a reply to the provincial government91裸聊视频檚 91裸聊视频渁ttempted police takeover, which would require a double digit 91裸聊视频 double digit 91裸聊视频 NDP tax hike on Surrey taxpayers.91裸聊视频

As for the City, Farnworth said Thursday, 91裸聊视频淚91裸聊视频檇 really like them to be at the table.91裸聊视频

91裸聊视频淲e91裸聊视频檝e made it clear that the $150 million is there,91裸聊视频 he said. 91裸聊视频淚 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,91裸聊视频 he said. 91裸聊视频淭his has been a very challenging issue I think for everybody and with today91裸聊视频檚 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.91裸聊视频

91裸聊视频淲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,91裸聊视频 Farnworth said. 91裸聊视频淚t91裸聊视频檒l be great if the City of Surrey is there but the transition is moving forward.91裸聊视频

Asked if he91裸聊视频檚 anticipating the City will appeal Loo91裸聊视频檚 decision, Farnworth replied he doesn91裸聊视频檛 know what the City intends to do. 91裸聊视频淚 expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think what91裸聊视频檚 important is the people of Surrey want this over and this decision certainly indicates that, you know what, it91裸聊视频檚 over.91裸聊视频

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. 91裸聊视频淭he biggest concern for us right now is the enormous tax burden that is in front of us, the $75 million dollars,91裸聊视频 Locke said, adding that 91裸聊视频$75 million is forever, and that will only escalate. We are looking at a generational decision that is being imposed on our city.91裸聊视频

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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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