The City of Surrey has lost the judicial review related to the Surrey policing transition. Surrey Mayor Brenda Locke said Thursday afternoon that the City鈥檚 legal team is digesting the judge鈥檚 decision and council will weigh its options.
Justice Kevin Loo of the B.C. Supreme Court on Thursday released his decision on the City鈥檚 petition aimed at quashing Public Safety Minister Mike Farnworth鈥檚 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 City鈥檚 argument that the Police Amendment Act, 2023 (PAA) infringed on Surrey voters鈥� right to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.
鈥淚 have concluded that although voting is undoubtedly a protected activity, the 鈥榬esult鈥� or 鈥榤andate鈥� arising from the 2022 municipal election are not activities which fall within the protected sphere of conduct guaranteed,鈥� Loo decided.
鈥淩egardless of whether the July decision was reasonable or within the Minister鈥檚 authority, the provincial legislature鈥檚 exercise of its authority over the City in respect of policing, through its enactment of the PAA, was valid.鈥�
Locke said the court challenge revealed 鈥渉uge holes鈥� in the transition to the SPS 鈥渙n multiple levels鈥� and the 鈥渢rue cost will have an extremely, extremely onerous impact on the City of Surrey and especially Surrey taxpayers.鈥�
鈥淚 haven鈥檛 said we are going to appeal and I haven鈥檛 said we are not going to appeal,鈥� she stressed. 鈥淚 didn鈥檛 say we are going to continue with the fight.鈥� If there were no transition, she added, 鈥渢here would have been no 鈥� zero 鈥� tax increase in the City of Surrey in 2024.鈥�
Farnworth held his press conference Thursday morning. 鈥淭oday Justice Loo ruled in favour of the transition of the Surrey Police Service continuing,鈥� he said. 鈥淭he safety of the people in Surrey and across British Columbia has always been my main priority.鈥�
Farnworth held a press conference Thursday morning to announce that 鈥渢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.鈥�
鈥淧eople of Surrey want this to be over and I鈥檓 hopeful that today鈥檚 ruling is the time to come together and work towards completing the transition to the Surrey Police Service,鈥� Farnworth said. 鈥淧olice officers no matter the uniform that they wear dedicate their lives to keeping people safe and I know that today鈥檚 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.鈥�
Farnworth told reporters it鈥檚 鈥減retty clear鈥� in terms of the arguments the City brought before Loo 鈥渁nd the judge dismissed them. That鈥檚 it in a nutshell.鈥�
In April Farnworth said the SPS will replace the RCMP as the city鈥檚 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 鈥榗onstitutionality鈥� of the provincial government鈥檚 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 鈥渟ignificant step to stop the NDP police service鈥� and a reply to the provincial government鈥檚 鈥渁ttempted police takeover, which would require a double digit 鈥� double digit 鈥� NDP tax hike on Surrey taxpayers.鈥�
As for the City, Farnworth said Thursday, 鈥淚鈥檇 really like them to be at the table.鈥�
鈥淲e鈥檝e made it clear that the $150 million is there,鈥� he said. 鈥淚 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,鈥� he said. 鈥淭his has been a very challenging issue I think for everybody and with today鈥檚 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.鈥�
鈥淲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,鈥� Farnworth said. 鈥淚t鈥檒l be great if the City of Surrey is there but the transition is moving forward.鈥�
Asked if he鈥檚 anticipating the City will appeal Loo鈥檚 decision, Farnworth replied he doesn鈥檛 know what the City intends to do. 鈥淚 expect that they will be reviewing it and any decisions, you know, they will decide what to do from there. I think what鈥檚 important is the people of Surrey want this over and this decision certainly indicates that, you know what, it鈥檚 over.鈥�
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. 鈥淭he biggest concern for us right now is the enormous tax burden that is in front of us, the $75 million dollars,鈥� Locke said, adding that 鈥�$75 million is forever, and that will only escalate. We are looking at a generational decision that is being imposed on our city.鈥�
