A B.C. Supreme Court judge has reserved his decision on the City of Surrey91裸聊视频檚 judicial review 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.

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

91裸聊视频淚 am aware of the urgency of the matter,91裸聊视频� Loo said. 91裸聊视频淚91裸聊视频檒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 I91裸聊视频檒l just say that the excellence of counsel this week is not surprising, but I91裸聊视频檓 grateful for it nonetheless, and I91裸聊视频檓 thankful for your thoughtful, very considered and eloquent submissions.91裸聊视频�

During final submissions, Craig Dennis, the lawyer representing the City of Surrey, said the 91裸聊视频渆nd result91裸聊视频� was that Farnworth imposed the SPS on Surrey 91裸聊视频渨ith nobody, nobody91裸聊视频� having done a comprehensive assessment of the impacts.

91裸聊视频淚n my submission, this is too large an undertaking to impose without those impacts having been assessed,91裸聊视频� Dennis told Loo.

Dennis said the provincial government91裸聊视频檚 position involved a 91裸聊视频渞ecasting91裸聊视频� of the City91裸聊视频檚 arguments. 91裸聊视频淚t shifts the terms of reference away from what the City91裸聊视频檚 actually argued. Again, respectfully, in doing so it hasn91裸聊视频檛 grappled with the crux of the positions,91裸聊视频� 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, 91裸聊视频渢here91裸聊视频檚 no suggestion here in the evidence that there was any agreement about the substance of the decision the minister was going to make.91裸聊视频� At any rate, he added, nothing discussed between the premier and mayor 91裸聊视频渃ould fetter the minister91裸聊视频檚 discretion.91裸聊视频�

91裸聊视频淭he statutory power of decision was the minister91裸聊视频檚 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.91裸聊视频�

91裸聊视频淚 say that the minister91裸聊视频檚 decision is reasonable and the City has not shown that it is unreasonable,91裸聊视频� Bant said. 91裸聊视频淭he fact that all of the details weren91裸聊视频檛 yet worked out for Phase 2, that doesn91裸聊视频檛 make the decision unreasonable.91裸聊视频�

Bant told Loo that while the minister is 91裸聊视频渁ppropriately sensitive91裸聊视频� to costs, ultimately his statutory responsibility is to ensure 91裸聊视频渁n adequate and effective level of policing is maintained throughout British Columbia.

91裸聊视频淗e91裸聊视频檚 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,91裸聊视频� he said. 91裸聊视频淚 don91裸聊视频檛 understand the City to take the position that cost is a sufficient reason to set aside the decision. That is, I don91裸聊视频檛 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.91裸聊视频�

Bant argued that the $75-million difference per year between the cost of the SPS versus the RCMP is based on an 91裸聊视频渁pples to oranges91裸聊视频� comparison of 734 Mounties compared to 900 SPS officers.

91裸聊视频淭hat91裸聊视频檚 not a like-to-like comparison,91裸聊视频� he said, nor does it take into account severance obligations at $113.3 million for SPS officers and management, according to the City91裸聊视频檚 estimate.

Meantime, Dennis turned to Bant91裸聊视频檚 argument that the statutory authority Farnworth possessed was the power 91裸聊视频渕erely to approve, or not, the City91裸聊视频檚 plan to keep the RCMP.

91裸聊视频淓ven if that were so, that91裸聊视频檚 not the decision the minister made, and it is not therefore the statutory authority the respondents have defined,91裸聊视频� Dennis maintained. 91裸聊视频淭he minister did not merely disapprove the City91裸聊视频檚 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.91裸聊视频�

91裸聊视频淎nd as I listened to my friend,91裸聊视频� Dennis said, referring to Bant, 91裸聊视频淚 did not hear an attempt to argue the minister had that power.

91裸聊视频淢y friend, however, in his submissions was at pains to describe a different, lesser power 91裸聊视频� all the minister could consider was public safety and all he could do was approve the City91裸聊视频檚 plan, or not,91裸聊视频� Dennis continued. 91裸聊视频淚f my friend is right about that, and even on my friend91裸聊视频檚 terms, the minister exceeded his jurisdiction because he did much more than simply approve or not the City91裸聊视频檚 plan.91裸聊视频�

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, 91裸聊视频渋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.91裸聊视频�

Dennis argued that Farnworth only has the powers 91裸聊视频渃onferred to him by the statute; he cannot exercise powers beyond what the legislation conferred.91裸聊视频�

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 91裸聊视频渁n important public interest at stake.91裸聊视频�

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 91裸聊视频渞eneged91裸聊视频� on it. Bant argued it91裸聊视频檚91裸聊视频渋rrelevant91裸聊视频� whether they struck a deal on the city91裸聊视频檚 policing transition before Farnworth issued his edict July 19, 2023.

Dennis argued Farnworth91裸聊视频檚 order to press on with SPS is akin to replacing the 91裸聊视频渨inner with the runner-up91裸聊视频� by overriding Surrey council91裸聊视频檚 desire under Locke to keep the RCMP and enforcing the previous council91裸聊视频檚 desire, under former mayor Doug McCallum, to install the SPS as the city91裸聊视频檚 police of jurisdiction.

Bant argued that Surrey council91裸聊视频檚 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 didn91裸聊视频檛 get its way.