A B.C. Supreme Court judge was told Thursday (May 2) it91Ƶs 91Ƶirrelevant91Ƶ whether Surrey Mayor Brenda Locke and Premier David Eby struck a deal on the city91Ƶs 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 Surrey91Ƶs 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 91ƵI don91Ƶt propose to deal with the mayor91Ƶs affidavit in any way,91Ƶ he said, adding 91Ƶthe respondent91Ƶs position is that virtually all of the statements attributed to the premier and the minister in the mayor91Ƶs affidavit are inaccurate, taken out of context or both.91Ƶ
He told Loo he won91Ƶt tender a 91Ƶtit-for-tat91Ƶ reply.
91ƵIt91Ƶs irrelevant, in my submission on the judicial review component of the proceedings. The submission I91Ƶll make there is that it91Ƶs really quite irrelevant whether the premier and the mayor entered into some kind of deal about the timing of a vote. It91Ƶs not germane to the legal issues that are before you.91Ƶ
Bant said 91Ƶthere91Ƶs no evidence whatsoever91Ƶ that Farnworth 91Ƶwas thinking about anything other than public safety. The City can certainly challenge the reasonableness of the minister91Ƶs conclusions, but not for sincerity.91Ƶ
He noted that a ministry analysis of a strategy to keep RCMP and restaff the Surrey detachment was 91Ƶambitious but feasible only when considered in isolation of the RCMP resourcing pressures across the province.91Ƶ
A report from the City of Surrey, Bant said, concluded that while neither keeping the RCMP as Surrey91Ƶs police of jurisdiction or continuing with the transition to the Surrey Police Service are 91Ƶstraightforward91Ƶ options, 91Ƶboth options are feasible.91Ƶ
Bant said redactions were applied by the City of Surrey before it was given to the minister that included a summary where 91Ƶthe 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.91Ƶ
91ƵNeither pathway is straightforward and each requires fundamental conditions to be met by other parties in order to be successful,91Ƶ Bant told the court.
91ƵThe conclusion of this report, the City91Ƶs own report that both options are feasible, neither option is straightforward, but both are feasible,91Ƶ he reiterated.
Bant told the judge some 91Ƶcandid91Ƶ sections suggest that 91Ƶthis report was probably never meant to be seen by the minister.91Ƶ
Surrey Mayor Brenda Locke announced in November 2023 the City would challenge the 91Ƶconstitutionality91Ƶ of Farnworth91Ƶs order.
Bant said this issue was 91Ƶthe simplest, in my submission.91Ƶ
91ƵBy the way of overview on the constitutional issues,91Ƶ he began, the City91Ƶs argument is contrary to the law91Ƶs 91Ƶmeaning and scope.91Ƶ
91ƵNotwithstanding 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.
91ƵThe legislation has not restricted anyone from expressing themselves, including by voting, and that91Ƶs really dispositive of the constitutional argument.91Ƶ