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 city91裸聊视频檚 policing transition.

This came in response to a provincial government application made on the first day of the City of Surrey91裸聊视频檚 petition for a judicial review that91裸聊视频檚 aimed at quashing Public Safety Minister Mike Farnworth91裸聊视频檚 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 91裸聊视频渁n important public interest at stake.91裸聊视频�

91裸聊视频淚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,91裸聊视频� he explained. 91裸聊视频淚 find that the redactions proposed are necessary and the benefits of the redaction outweigh the prejudice to the Supreme Court openness.91裸聊视频�

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.

91裸聊视频淎llegations, sometimes justified and sometimes spurious, are tendered every day in these courts, so are descriptions of criminal activity,91裸聊视频� Loo noted. 91裸聊视频淚n my view, there is value to those allegations and evidence being available to the public.91裸聊视频�

The case began Monday with discussion concerning proposed redactions and sealing orders, with the provincial government91裸聊视频檚 lawyer seeking to seal part of the record and the City not seeking to seal anything. The City91裸聊视频檚 legal counsel opposed the order sought.

91裸聊视频淚t91裸聊视频檚 too much detail, in my submission, about police planning and operational matters to be made public really for no reason,91裸聊视频� the Province91裸聊视频檚 lawyer, Trevor Bant, argued. 91裸聊视频淚t doesn91裸聊视频檛 relate to anything that is at issue.91裸聊视频�

Loo replied: 91裸聊视频淚t may well be relevant to this petition.91裸聊视频�

91裸聊视频淚t91裸聊视频檚 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,91裸聊视频� the judge noted.

Lawyer Craig Dennis, representing the City of Surrey, told Loo that 91裸聊视频渢he city is not seeking to seal or withhold any information in this proceeding, it91裸聊视频檚 the Province that seeks to do so.91裸聊视频�

Concerning some information, he said, 91裸聊视频渓et91裸聊视频檚 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, it91裸聊视频檚 to seal it from you, Justice.91裸聊视频�

91裸聊视频淭hey91裸聊视频檙e not going to give it to you, judge. They91裸聊视频檙e not going to give it to you what the minister had, they91裸聊视频檙e not going to give it to the petitioner, the party bringing the challenge.91裸聊视频�

91裸聊视频淎ll the City is saying is transparency. The court should have, and the parties should have, what the minister had,91裸聊视频� Dennis said.

He said that in his 91裸聊视频渞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.91裸聊视频�

Surrey Mayor Brenda Locke announced in November that the city is challenging in court the 91裸聊视频渃onstitutionality91裸聊视频� of the provincial government91裸聊视频檚 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 Farnworth91裸聊视频檚 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 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�

Last week saw sabre-rattling from both sides concerning this court case, with Farnworth maintaining it won91裸聊视频檛 have an impact on the transition.

91裸聊视频淚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,91裸聊视频� he said.

For Locke91裸聊视频檚 part, she told the Now-Leader that 91裸聊视频渇or the City of Surrey, we91裸聊视频檙e in court on the 29th, that91裸聊视频檚 where the truth will come out, and we91裸聊视频檒l see what91裸聊视频檚 going to be next. I look forward to the truth being told to the public.91裸聊视频�

On Monday (April 29), Dennis provided Loo with a written argument indicating Farnworth91裸聊视频檚 order will increase the annual cost for policing to Surrey taxpayers by 91裸聊视频渁t least91裸聊视频� $75 million (or 46 per cent) 91裸聊视频渨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 City91裸聊视频檚 coming to court.91裸聊视频�

The City91裸聊视频檚 counsel argued that, contrary to a May 2023 agreement between the mayor and premier, 91裸聊视频渁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 policing91裸聊视频� and 91裸聊视频渨ithout a plan for a transition away from the RCMP 91裸聊视频� Surrey91裸聊视频檚 police of jurisdiction today and for the past 70 years 91裸聊视频� could be carried out feasibly and safely with the minister to the contrary later telling Surrey, in effect, 91裸聊视频榶ou figure it out.91裸聊视频�91裸聊视频� Moreover, the City argues, Farnworth91裸聊视频檚 order was contrary to the 91裸聊视频渆xpressed mandate91裸聊视频� from Surrey voters in the 2022 city election 91裸聊视频渨here policing was the central issue and Surrey voted to keep the RCMP.91裸聊视频�

Concerning the Charter question, Dennis told the judge in the case before him the provincial government 91裸聊视频渋ntervened and nullified the vote, nullified the mandate91裸聊视频� in a state action 91裸聊视频渢argeted to a specific municipality 91裸聊视频� not legislation and general application 91裸聊视频� targeted to the specific municipality with the express purpose of nullifying the electoral mandate.91裸聊视频�

Province imposed transition on Surrey 91裸聊视频榠n the absence of any plan91裸聊视频�: City

The City argues that the Police Act gives the City, 91裸聊视频渘ot the minister, the authority to decide on keeping the RCMP91裸聊视频� and 91裸聊视频渋n any event, the minister91裸聊视频檚 decision was unreasonable in an administrative law sense91裸聊视频� because he 91裸聊视频渇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 91裸聊视频� because that91裸聊视频檚 what would have been needed 91裸聊视频� 600 SPS officers could also have similar or more serious consequences,91裸聊视频� and that Farnworth imposed the transition to the SPS on Surrey 91裸聊视频渋n the absence of any plan to make that work.91裸聊视频�

The City91裸聊视频檚 counsel noted that according to the Community Charter, principles governing relations between the provincial government and civic governments state that 91裸聊视频渢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.91裸聊视频�

Further, Surrey91裸聊视频檚 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.

Farnworth91裸聊视频檚 Surrey-specific legislative amendments, the judge heard, were introduced one business day after Surrey filed its petition with the court 91裸聊视频渁nd they are targeted at Surrey and they treat Surrey different from every other municipality in the province of British Columbia91裸聊视频� and this, the City argued, interferes 91裸聊视频渨ith Surrey voters91裸聊视频� 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 Surrey91裸聊视频檚 police of jurisdiction.91裸聊视频�

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.

91裸聊视频淭he mayor and the premier, they lived up to Subparagraph G, and you91裸聊视频檒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.91裸聊视频�