Court dismisses Surrey’s petition on policing; Mayor Locke concerned about “extremely onerous impact” of transition cost

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    The BC Supreme Court has dismissed a petition filed by the City of Surrey for a judicial review of the policing transition from RCMP to Surrey Police Service.

    “In a 27-page written decision, Justice Kevin Loo said regardless of whether the July 2023 transition order was reasonable or within the minister’s authority, the provincial legislature’s exercise of its authority over policing in the city, through last fall’s legislation, was valid,” Vancouver Sun reported.

    The court ruling came as a relief for the province and the Surrey Police Service (SPS), however, Surrey Mayor Brenda Locke expressed her deep concerns over the financial implications of the transition. She said the true costs of the transition “will have an extremely, extremely onerous impact on the city of Surrey and especially on Surrey taxpayers.” And the massive cost increase, she said, “will result in some very difficult choices to be made ahead, not only for taxation but for other infrastructure projects as well.”

    In July 2023, BC’s Public Safety Minister Mike Farnworth determined that the transition from the RCMP to SPS must be completed and that decision was subsequently put into law with the Police Amendment Act, 2023. The City of Surrey filed a petition for judicial review of the Minister’s July decision and Bill 36 (Police Amendment Act, 2023).

    Speaking at a news conference, after the court decision, BC Solicitor General and Public Safety Minister Mike Farnworth said that he hopes the court’s decision brings stability to police officers in the city. “People in Surrey want this to be over. I am hopeful that today’s ruling is the time to come together to complete the transition to the Surrey Police Service.”

    SPS Chief Constable Norm Lipinski, said, “The court’s decision also brings an end to an 18-month dispute over the future of policing in Surrey that has unfortunately been plagued with delays and misinformation by those who wanted to reverse the transition after SPS had already been well-established. While the City of Surrey’s judicial review petition did not directly involve SPS, it obviously impacted our 427 employees and their families – today’s ruling brings them significant reassurance.”

    In a press conference held a few hours after the court’s ruling, Mayor Locke said that she would respect the decision of the honorable Court. But it was too early to discuss the future course of action about the transition. She did not say if the City was considering appealing the decision.

    She said, “We have just received the decision hours ago. There’s a lot for us to fully understand and look at. Next there will be a decision that council as a whole will be making. The fact remains the majority of council continues to be concerned with the financial burden this transition is placing on our taxpayers.”

    The Mayor’s interaction with the reporters focused on the financial burden of the transition. “I would respect the decision of the honorable Justice Loo and I do. However, he did find in his reasons for judgment that the court has confirmed it will be more expensive for Surrey to transition to SPS when compared to maintaining the RCMP both by way of transition costs and incremental annual costs.”

    “That was made clear in the government’s own commission, the Province of British Columbia’s own commissioned third party report that was done by Deloitte that found that the cost will be more in the range of $75 million per year or $75 million per year based on 900 officers, not the $30 million that had been based on 734 officers and that Chief Lipinski was not being forthright when he told counsel that he did not know how many SP’s officers would be needed to staff up,” she continued.

    Mayor Locke said, “All this information only came to light as a result of the city’s court challenge. I very much look forward to the release of the court’s transcripts for you to read. Policing is a municipal matter and that was the sentiment shared by the solicitor general, by Premier Eby, by the former Premier Horgan, as well as every single MLA in Surrey. The fact is, the court challenge has revealed huge holes in this transition to the SPS’s on multiple levels. And the true costs will have an extremely, extremely onerous impact on the city of Surrey and especially on Surrey taxpayers.”

    She said, “Next there will be a decision that council as a whole will be making. The fact remains the majority of council continues to be concerned with the financial burden this transition is placing on our taxpayers. The Deloitte report clearly states that the extra cost to fund the transition will be in the range of $75 million more every year. And frankly, that massive cost increase will result in some very difficult choices to be made ahead, not only for taxation, but for other infrastructure projects as well. In our very rapidly growing city, I can say so very much more, but I will leave it at that.”

    Echoing Mayor’s Sentiments Surrey Board of Trade president Anita Huberman said, “We are deeply disappointed with today’s judgement. The financial implications of this decision will be significant, particularly for the business community. Higher taxes will not only increase operational costs but may also lead to a reduction in services that are vital for the economic health and overall quality of life in Surrey. It is crucial for the City’s leadership to carefully consider their next steps to mitigate these impacts. We are frustrated that there will be higher taxes in Surrey, especially for businesses. Mayor and Council are reviewing their options. This enormous tax burden will make Surrey more expensive to live, work, and play in.”

    Questions still remain about whether this move will reduce crime, what the infrastructure and technology costs will be, how it will affect communication and support mechanisms for the community (residents and businesses), the collaboration with border agencies, the handling of investigation files, and many other related issues, Huberman said.