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Surrey only objected when it didn91裸聊视频檛 get its way on police, lawyer argues

City raised 91裸聊视频榖elated91裸聊视频 jurisdictional objections when decision went against it, court hears
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The City of Surrey and the provincial government are continuing their court arguments over Surrey91裸聊视频檚 policing transition in B.C. Supreme Court in Vancouver. (Photo: Tom Zytaruk)

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 didn91裸聊视频檛 get its way.

91裸聊视频淚t wanted a decision approving its choice,91裸聊视频 Trevor Bant, the lawyer representing the provincial government, told the judge Friday (May 3). 91裸聊视频淭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 minister91裸聊视频檚 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.91裸聊视频

Justice Kevin Loo is presiding over 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. The five-day hearing began April 29 in B.C. Supreme Court in Vancouver.

He reserved his decision after hearing final submissions Friday.

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

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 91裸聊视频渢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,91裸聊视频 Bant noted, adding that91裸聊视频檚 91裸聊视频渁n important principle in interpreting the Police Act 91裸聊视频 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.91裸聊视频

91裸聊视频淚t was reasonable for the minister to be concerned that the City proposed to re-staff the Surrey RCMP detachment by prioritizing Surrey91裸聊视频檚 needs over critical RCMP staffing needs in British Columbia,91裸聊视频 Bant said. 91裸聊视频淭he City91裸聊视频檚 assumption that 50 per cent 91裸聊视频 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.91裸聊视频

91裸聊视频淚n a very direct sense, it is not the City91裸聊视频檚 concern what happens elsewhere in British Columbia,91裸聊视频 Bant stressed, 91裸聊视频渁nd if there are critical RCMP vacancies elsewhere, that91裸聊视频檚 not the City91裸聊视频檚 concern, but it is the minister91裸聊视频檚 concern.91裸聊视频

Bant told Loo that in the lead-up to Farnworth91裸聊视频檚 order, the SPS had provided him with a submission on where the SPS hires were coming from. He said the 91裸聊视频渒ey91裸聊视频 information of that report is the SPS indicated it was implementing strategies to attract candidates from outside of British Columbia 91裸聊视频渋n an effort to support the staffing of the SPS while preventing the destabilization of other municipal departments in the Lower Mainland.91裸聊视频

It was 91裸聊视频減articularly successful91裸聊视频 in attracting candidates from the Toronto area, the court heard.

91裸聊视频淭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,91裸聊视频 Bant said. 91裸聊视频淣ow that91裸聊视频檚 perhaps a problem for Ontario, but as far as British Columbia is concerned, a really quite positive net increase in officers.91裸聊视频



About the Author: Tom Zytaruk

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