A B.C. Supreme Court judge was told Thursday (May 2) it鈥檚 鈥渋rrelevant鈥� whether Surrey Mayor Brenda Locke and Premier David Eby struck a deal on the city鈥檚 policing transition before Public Safety Minister Mike Farnworth issued his edict July 19, 2023 that the RCMP must be replaced by the Surrey Police Service.
Justice Kevin Loo is presiding over the City of Surrey鈥檚 petition for a judicial review aimed at quashing that order in a five-day hearing that began April 29 in B.C. Supreme Court in Vancouver. He heard evidence on the second day of the hearing about a deal reached between Locke and Eby, contained in an affidavit from a political advisor and note-taker for the mayor, before Public Safety Minister Mike Farnworth
On Thursday (May 2), lawyer Trevor Bant, representing the provincial government, told Loo that 鈥淚 don鈥檛 propose to deal with the mayor鈥檚 affidavit in any way,鈥� he said, adding 鈥渢he respondent鈥檚 position is that virtually all of the statements attributed to the premier and the minister in the mayor鈥檚 affidavit are inaccurate, taken out of context or both.鈥�
He told Loo he won鈥檛 tender a 鈥渢it-for-tat鈥� reply.
鈥淚t鈥檚 irrelevant, in my submission on the judicial review component of the proceedings. The submission I鈥檒l make there is that it鈥檚 really quite irrelevant whether the premier and the mayor entered into some kind of deal about the timing of a vote. It鈥檚 not germane to the legal issues that are before you.鈥�
Bant said 鈥渢here鈥檚 no evidence whatsoever鈥� that Farnworth 鈥渨as thinking about anything other than public safety. The City can certainly challenge the reasonableness of the minister鈥檚 conclusions, but not for sincerity.鈥�
He noted that a ministry analysis of a strategy to keep RCMP and restaff the Surrey detachment was 鈥渁mbitious but feasible only when considered in isolation of the RCMP resourcing pressures across the province.鈥�
A report from the City of Surrey, Bant said, concluded that while neither keeping the RCMP as Surrey鈥檚 police of jurisdiction or continuing with the transition to the Surrey Police Service are 鈥渟traightforward鈥� options, 鈥渂oth options are feasible.鈥�
Bant said redactions were applied by the City of Surrey before it was given to the minister that included a summary where 鈥渢he conclusion is really that both options are feasible. Where a council decision to maintain the RCMP is feasible with conditions (and) continuing the transition to the SPS is also feasible with conditions.鈥�
鈥淣either pathway is straightforward and each requires fundamental conditions to be met by other parties in order to be successful,鈥� Bant told the court.
鈥淭he conclusion of this report, the City鈥檚 own report that both options are feasible, neither option is straightforward, but both are feasible,鈥� he reiterated.
Bant told the judge some 鈥渃andid鈥� sections suggest that 鈥渢his report was probably never meant to be seen by the minister.鈥�
Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the 鈥渃onstitutionality鈥� of Farnworth鈥檚 order.
Bant said this issue was 鈥渢he simplest, in my submission.鈥�
鈥淏y the way of overview on the constitutional issues,鈥� he began, the City鈥檚 argument is contrary to the law鈥檚 鈥渕eaning and scope.鈥�
鈥淣otwithstanding the creativity and the very able submissions that have been made on behalf of the City, it really is a radical expression of freedom of expression that would convert our representative democracy into a direct democracy in which voters have that very literal right to get what they vote for.
鈥淭he legislation has not restricted anyone from expressing themselves, including by voting, and that鈥檚 really dispositive of the constitutional argument.鈥�
