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Surrey challenging 91Ƶconstitutionality91Ƶ of B.C. order imposing SPS on city

Mayor Brenda Locke characterized the move as a 91Ƶsignificant step to stop the NDP police service91Ƶ
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Surrey Mayor Brenda Locke on Monday announced the city will challenge in court the 91Ƶconstitutionality91Ƶ of the provincial government91Ƶs decision to run with the Surrey Police Service.

Months of sabre-rattling rhetoric between Surrey Mayor Brenda Locke and Public Safety Minister Mike Farnworth over the city91Ƶs incendiary policing transition amplified into political cannon fire this week after Locke announced on Monday the city is challenging in court the 91Ƶconstitutionality91Ƶ of the provincial government91Ƶs decision to replace the Surrey RCMP with the Surrey Police Service.

An amended petition to the one Surrey filed in B.C. Supreme Court on Oct. 13 was filed Nov. 20 and Locke characterized this move as a 91Ƶsignificant step to stop the NDP police service91Ƶ as a result of the provincial government91Ƶs 91Ƶattempted police takeover, which would require double digit 91Ƶ double digit 91Ƶ NDP tax hike on Surrey taxpayers.

91ƵWe are challenging the constitutionality of the province91Ƶs latest legislation,91Ƶ Locke said. 91ƵSurrey voters deserve to have their voices heard.91Ƶ

91ƵWe have to fight for what91Ƶs right,91Ƶ she said.

91ƵThis is not a municipal police force that we91Ƶre looking at right now,91Ƶ Locke said of the SPS. 91ƵThis is a provincial imposition on the citizens and the residents and the taxpayer of Surrey. That91Ƶs not what the voters asked for.91Ƶ

Farnworth dismissed Locke91Ƶs latest move as 91Ƶjust an example of delaying tactics by the mayor and I think all it does is cost taxpayers money and it is a waste of money and a waste of time.91Ƶ

91ƵWe have every confidence in the constitutionality of the legislation,91Ƶ he said Nov. 20. 91ƵThe decision has been made, the future of policing in Surrey is the Surrey Police Service.91Ƶ

This latest petition is aimed at the provincial government amending the Police Act last month to specify that Surrey must provide policing services through a municipal police department gave the solicitor general authority to cancel the existing agreement between the provincial government and the City of Surrey for the provision of RCMP services.

91ƵThis is absolutely a tragedy,91Ƶ Locke said. 91ƵAnd I think citizens in Surrey absolutely deserve better. I hear from them every day, they91Ƶre concerned about affordability and this is a significant impact on affordability.91Ƶ

Farnworth said at the time that the legislation also provides, 91Ƶif necessary,91Ƶ the provincial government with the ability to appoint an administrator to 91Ƶassume the functions91Ƶ of the Surrey Police Board to oversee the SPS.

Locke all but declared political war on the NDP government Monday. 91ƵThe question before the courts is whether the province has the constitutional right to do what it is attempting to do to Surrey and Surrey taxpayers with this legislation,91Ƶ she said. 91ƵI wouldn91Ƶt say I91Ƶm digging in my heels, but what I would say is I will fight for Surrey taxpayers every single day and we know that the costs are incredible.91Ƶ

Farnworth waged political war back, slamming Locke91Ƶs reference to the NDP tax on Surrey and the NDP police service as a 91Ƶcheap political shot.91Ƶ

91ƵYou know there are hundreds of men and women right now, on the ground in Surrey, who are dedicated police officers and for the mayor of Surrey to denigrate that by trying to take some cheap political shot I think is disrespectful to those men and women who put their life on the line every single day to protect the citizens of Surrey,91Ƶ Farnworth remarked, 91Ƶwhether they91Ƶre Surrey Police Service members or whether they91Ƶre RCMP. I just think it91Ƶs incredibly disrespectful.91Ƶ

91ƵFor the mayor to say that you know, oh, it91Ƶs an NDP police service, quite frankly, I think it91Ƶs a disgrace.91Ƶ

Locke was taken aback.

91ƵFor the solicitor general to use the sacrifice of police officers over a political dispute was highly, highly unusual and I would say inappropriate,91Ƶ she said. 91ƵIf the NDP don91Ƶt want to be associated with an unaffordable, disorganized police force which is what they have lined up then they can fix that.91Ƶ

Prior to the legislation being amended, Locke noted, the Police Act said local governments get to choose their police department. 91ƵThat was the Act previously, that is what they91Ƶve changed specific to Surrey and that is a massive concern to me.91Ƶ

The mayor said she was elected to 91Ƶfight91Ƶ for Surrey residents 91Ƶevery day,91Ƶ and promised that91Ƶs what she91Ƶll do. Locke said this conflict is about affordability in Surrey and dodging a double-digit tax increase for its residents. She said she91Ƶs concerned for families, seniors, 91Ƶordinary citizens and everybody that is going to be dramatically, dramatically impacted by this NDP tax on Surrey.91Ƶ

91ƵThis government does not have the right to run roughshod over every local government that doesn91Ƶt bend to their will,91Ƶ Locke said. 91ƵWhen Surrey didn91Ƶt agree with their costly plans they hastily ordered us to move forward with a very expensive and disorganized transition and when we had challenged their authority to do that, they rushed through legislation at a record pace to cover up the mistakes that they had made.91Ƶ

Locke noted that prior to the 2022 city election the provincial government 91Ƶsaid choosing a police was the city91Ƶs decision, so my team and I ran on a platform that was clear 91Ƶ we would stop the police transition and keep the RCMP in Surrey.91Ƶ

She added that after the election, the provincial government said the City of Surrey 91Ƶhad the option to put forward a plan to keep the RCMP. It is now clear that the province had other plans in mind.91Ƶ

On Oct. 13, the City of Surrey filed its first petition with the Supreme Court of British Columbia seeking a judicial review of Public Safety Minister Mike Farnworth91Ƶs July 19 order to proceed with the SPS, as the mayor continues to stands firm in the majority of council91Ƶs intention to stick with the RCMP as Surrey91Ƶs police of jurisdiction.

The provincial government has yet to file a response to Surrey91Ƶs petition with the court registry and 91Ƶfor reasons that are privileged91Ƶ cannot provide an estimated date. Respondents served in Canada are typically given 21 days to respond.

91ƵAs far as I know there hasn91Ƶt been a response filed and I will be meeting with lawyers about that very soon,91Ƶ Locke told the Now-Leader.

Farnworth on Nov. 16 temporarily suspended the Surrey Police Board 91Ƶ of which Locke was chairwoman 91Ƶ and appointed retired Abbotsford police chief Mike Serr as its replacement administrator.

Locke sees Farnworth91Ƶs move to put the 91Ƶcompletely dysfunctional91Ƶ SPB on ice and appoint an administer in its stead as a decision on his part that Surrey doesn91Ƶt need civilian oversight.

91ƵThe minister has decided that Surrey doesn91Ƶt need civilian oversight at the police board and so he suspended the entire police board,91Ƶ she told the Now-Leader. 91ƵI think there91Ƶs no question, if anyone looks back at the open part of the police board meetings, this police board was completely dysfunctional. The province knew that, the former director of police services knew that, they have apologized to me for the behaviour of the board.91Ƶ

Farnworth appointed Serr under Section 8 of the Police Amendment Act, he said, 91Ƶafter careful consideration of the work by the Surrey Police Board, which has been limited due to the lack of progress from the City of Surrey in advancing the police model transition to the SPS.91Ƶ

Locke said she doesn91Ƶt know how much Serr is being paid. 91ƵI heard it was $225 an hour.91Ƶ

She said the city of Surrey still hasn91Ƶt seen a plan from the provincial government on how the transition will move ahead.

91ƵWe91Ƶve said 91Ƶwhat is your plan?91Ƶ and they somehow think we should provide that plan and I91Ƶve said to them we have a plan, and that91Ƶs to keep the RCMP in Surrey, we gave you that plan, but we haven91Ƶt seen their plan.91Ƶ

91ƵNow they have removed civilian oversight and installed another police officer to carry out this expensive, disorganized transition. At best the province misled Surrey taxpayers,91Ƶ Locke added. 91ƵThis is not a Surrey Police Service, this is an NDP Police Service that reports to the solicitor general directly. My team and I have been clear 91Ƶ we oppose this transition and will do everything within reason to stop it.

91ƵThere is no civilian oversight, so how are we to say this is our police force? Of course this is the NDP police force, it91Ƶs the one appointed by the minister.91Ƶ

According to a City of Surrey press release, 91ƵOver the next decade, the province91Ƶs police transition is estimated to cost at least $464 million with no additional public safety benefit to the residents of Surrey.91Ƶ

Farnworth said Serr will submit a budget to Surrey by Nov. 30 and if the city says it91Ƶs not happy with the budget, 91Ƶthat goes to the director of police services for them to make a decision, recommendations or changes or what have you. That91Ƶs been in existence in the Police Act for a long time and has been used from time to time.91Ƶ



About the Author: Tom Zytaruk

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