ӽ紫ý

Skip to content

No ‘parade of witnesses’ in ӽ紫ý’s cop transition court case

‘It’s not an injunction that stops the transition, at all,’ SPS lawyer says
web1_240124-sul-coptransitioncourtupdate-locke-farnworth_1
Public Safety Minister Mike Farnworth and ӽ紫ý Mayor Brenda Locke. (File photos)

Don’t expect a Perry Mason drama when ӽ紫ý’s petition for a judicial review of Public Safety Minister Mike Farnworth’s decree the ӽ紫ý Police Service will police the city goes to court.

“A judicial review hearing is not a parade of witnesses to be cross-examined on decisions made in 2018, 2019, that sort of thing,” Kyle Friesen, the SPS’s in-house lawyer, told the ӽ紫ý Police Board on Jan. 19.

“There’s a lot of misinformation out there on social media about what a judicial review can do and what it really is, and it’s definitely not that.”

A court date is not set yet.

ӽ紫ý Mayor Brenda Locke announced in November that the city is challenging in court the ‘constitutionality’ of the provincial government’s decision to replace the ӽ紫ý RCMP with the ӽ紫ý Police Service.

On Oct. 13, the City of ӽ紫ý filed its first petition with the Supreme Court of British Columbia seeking a judicial review of Public Safety Minister Mike Farnworth’s July 19 order to proceed with the SPS. An amended petition to the Oct. 13 filing was then submitted to the court on Nov. 20 with Locke characterizing it as a “significant step to stop the NDP police service” and a reply to the provincial government’s “attempted police takeover, which would require a double digit – double digit – NDP tax hike on ӽ紫ý taxpayers.”

READ ALSO: ӽ紫ý challenging ‘constitutionality’ of B.C. order imposing SPS on city

This latest petition is aimed at the provincial government amending the Police Act to specify that ӽ紫ý must provide policing services through a municipal police department which gave the solicitor general authority to cancel the existing agreement between the provincial government and the City of ӽ紫ý for the provision of RCMP services.

“The minister’s decision of July 19 to say yes SPS is now enshrined in the Police Amendment Act of 2023, that’s Bill 36, so as a result the judicial review petition had to sort-of reformulated by the city to bring up, as the province calls it, novel challenges, the charter rights and other issues like that,” Friesen explained. “So in summary, a petition itself does not stop the transition, it’s full-speed ahead with the parties involved like this.

“It’s not an injunction that stops the transition, at all.”

The province’s “comprehensive” response was filed Dec. 15 and a case management conference was held on Jan. 4 with Justice Kevin Loo assigned as judicial management judge which will “streamline the whole process, a very complex sort of thing,” Friesen said.

“In this judicial review neither SPS nor the RCMP nor the NPF (National Police Federation) nor the ӽ紫ý Police Union, they’re not parties to the actual judicial review at this point, so it’s just the city versus the attorney general of B.C., and also the minister of public safety and the solicitor general,” Friesen noted. “The review standard for a judicial review is not ‘correct’ decision, it’s whether it’s a reasonable decision made by the minister and the assistant deputy minister of police services. Reasonableness is the test.”



About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the ӽ紫ý Now-Leader.
Read more



(or

ӽ紫ý

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }
Pop-up banner image