A lawyer for B.C.'s Public Safety Ministry says the City of Surrey "made no effort at all" to meet conditions to keep the RCMP after the minister "created a pathway" to do so. The RCMP logo is seen outside the force's 'E' division headquarters in Surrey, B.C., on Thursday, March 16, 2023. THE CANADIAN PRESS
In Vancouver, the legal battle between the City of Surrey and British Columbia's Public Safety Ministry over the transition from RCMP to a municipal police force has taken a new turn. The city contends that a provincial law mandating the change undermines the mandate given by voters to the city council, thereby violating freedom of expression. This claim, however, was refuted by Trevor Bant, representing the ministry, who argued that the city's stance contradicts established legal principles.
The dispute, now in its fourth day of court proceedings, centers on the public safety minister's directive to proceed with the transition despite opposition from the city. Surrey's counsel, Craig Dennis, urged the court to interpret the Charter's freedom of expression clause in the context of an election mandate, a move characterized as unprecedented by Bant.
Bant cautioned against equating election results with individual expressions, stating that such an interpretation would fundamentally alter Canada's democratic process. He emphasized that while voting is a form of expression protected under the Charter, election outcomes are a consequence rather than an expression itself.
The city's petition seeks a judicial review, challenging the province's authority to enforce the transition without sufficient resources. Bant countered this argument by claiming that the city had disregarded opportunities to maintain the RCMP as its police force and failed to address potential challenges, such as officer retention.
He cited reports indicating the feasibility of both retaining the RCMP and transitioning to a municipal force, despite the city's assertion of the transition's impracticality. Bant highlighted the risk of mass resignations among Surrey Police Service officers and the resultant strain on policing resources, underscoring the need for a pragmatic approach to the transition.
In conclusion, the legal battle underscores broader questions regarding the balance between governmental authority and local autonomy in law enforcement decisions. The outcome of this case could have significant implications for similar disputes across the country.
