B.C. chooses Surrey Police Service, plans to bring in legislation to avoid future controversy

B.C.’s public safety minister has made the final call on the future of policing in Surrey. But as Kier Junos reports, Mayor Brenda Locke says this decision undermines her government.

By Hana Mae Nassar and Greg Bowman

Posted July 19, 2023 12:07 pm.

Last Updated July 19, 2023 7:56 pm.

The years-long controversy over who will ultimately police Surrey has come down to a final say from Public Safety Minister and Solicitor General Mike Farnworth, who has directed the city to move forward with its municipal force.

The Surrey Police Service (SPS) was chosen by Farnworth after he reviewed documents from the city, following its council vote in June to stick with the RCMP.

“People’s safety, in Surrey and across the province, is non-negotiable. The city has failed to meet the requirements I placed to prevent a situation where there are not enough police officers to keep people safe in Surrey,” Farnworth said Wednesday.

“We cannot allow people in Surrey or in other communities to be put at risk. British Columbians need to know that when they call the police, help will come — and people in Surrey want this uncertainty over who will police their city to end, and to know that they will be safe in their community.”

BC Public Safety Minister and Solicitor General Mike Farnworth delivers his decision on the Surrey police transition

B.C. Public Safety Minister and Solicitor General Mike Farnworth announced on July 19, 2023, that Surrey was to move forward with the municipal force and away from the RCMP. (Liza Yuzda, CityNews)

The police transition has been a years-long tug-of-war first put in motion by former Mayor Doug McCallum. After his initiation of the transition, current Mayor Brenda Locke moved ahead with her plan to keep the RCMP.

Farnworth says he spoke with Locke to communicate his decision.

“Mayor Locke will tell you what she said to me later on, but I understand and I respect her position. She’s not happy and it’s no secret that this has been a divisive issue. She has a duty to the City of Surrey and my responsibility is not only to Surrey but also to the province,” he explained. “I think what’s important is that we want to work with Surrey.”

Legislation, changes to Police Act

Farnworth says he also plans to take steps to ensure a similar situation doesn’t play out again.

“Obviously, I don’t think anyone wants to see any government be in this situation again and my intention is to bring legislation in the fall that will ensure this does not happen (again),” he told reporters.

“We will obviously engage in consultation with local government, with UBCM. I’ve already spoken to the president of the UBCM and told her of that, that that is our intention. At the same time, we also have been making changes, proposing changes for the fall in terms of the Police Act and around governance.”

Surrey mayor calls police decision ‘misguided’

About an hour after Farnworth announced his decision, Surrey Mayor Brenda Locke issued a statement, calling it “disappointing, misguided and based on inaccurate assumptions.”

“What has occurred today is the undermining of a local government duly elected by its residents. The actions of the Solicitor General should serve as a warning to the autonomy of all municipalities in B.C.,” Locke said.

Surrey Mayor Brenda Locke is interviewed in front of a green space

Surrey Mayor Brenda Locke on Wednesday June 7th, 2023. (CityNews Image)

The mayor says the provincial government has been “disingenuous” in presenting the city with options on the future of policing in the city.

“It is very clear the City of Surrey never had a choice in this matter. We had a choice so long as we chose Minister Farnworth’s option,” she said.

Locke also took aim at the timeline of the decision, saying Farnworth’s eight-month delay cost Surrey taxpayers more than $60 million. She also says the province never directly met with the city to discuss any concerns over public safety.

“In the coming days, I will be meeting with my Council colleagues and City Staff to explore our options. I will also be asking for a face-to-face meeting with the Minister to understand how he intends to compensate the significant tax burden that will be placed on Surrey residents and businesses as a result of his decision to continue with the Surrey Police Service,” the mayor said.

Locke adds that she will not be commenting on the matter any further.

Surrey failed to meet requirements to move forward with RCMP: Farnworth

As part of his decision, Farnworth says he’s concluded the city “failed to meet the requirements to prevent an exodus of [SPS] officers” or increase staffing within the Surrey RCMP without pulling resources from other communities.

According to the B.C. government, the SPS is currently handling half of the calls in that city.

“Moving forward with the Surrey Police will prevent a crisis of policing in the City of Surrey,” Farnworth said, adding his decision was made under Section 2 of the Police Act.

“[It] states that, as minister, I must ensure an adequate and effective level of policing and law enforcement is maintained throughout British Columbia. At this point, moving forward with the Surrey Police Service is the only path forward to protect the safety of the people of Surrey and across B.C.”

The province notes the Surrey RCMP would need 182 new officers, up from the 161 originally stated, to get its staffing levels to what’s required. As such, the provincial government has determined staffing the RCMP would negatively affect the rest of B.C., and create further challenges.

Farnworth adds while he feels the RCMP does good work, he says the force is overstretched at this time.

“I’ve made it clear that today’s decision is not a reflection on the men and women who provide front-line policing services in our province. They do an absolutely incredible job and I have nothing but respect for the work that they do,” he said Wednesday.

Farnworth admits the transition will “take some time,” but is hopeful the plan that was paused will soon resume.

In an effort to ensure this process moves along, the province has appointed a “strategic implementation advisor,” who will be responsible for delivering on the requirements set out by the minister.

Jessica McDonald is expected to help the various stakeholders meet timelines, help work out disputes, and help the different sides communicate in order to complete the police transition.

In addition to his final decision, Farnworth says the province is also recommitting the millions of dollars it promised to help offset costs associated with moving ahead with the SPS.

The $150 million is expected to help ensure those costs aren’t passed on to taxpayers.

‘Decision brings confidence and stability’ to officers: SPU

In an interview prior to the decision, Ryan Buhrig with the Surrey Police Union said members just wanted this whole situation to be over — no matter which force was ultimately chosen.

“This has been a frustrating journey for all of our members. Nobody joins policing to be involved in this divisive, political battle,” he told CityNews.

Speaking with CityNews after Farnworth’s decision was announced, Buhrig said the union was unsurprisingly pleased with the choice.

“This decision brings confidence and stability to our officers who have committed their careers to Surrey. It’s been a long time coming. It’s with great relief that we can now put the uncertainty surrounding policing behind us and focus on what really matters: public safety and moving the city forward,” he explained.

“This has been a long road for the Surrey Police Service. It’s definitely been stressful for our members and today comes with a sense of relief that we can finally move forward and do what we were hired to do — which is police Surrey and give Surrey first-rate police service.”

What now?

In June, a majority of Surrey city councillors voted to keep the RCMP, despite the transition to the Surrey Police Service already well underway. The decision came despite a recommendation from the province – and even the promise of millions of dollars in funding – to stick with the SPS.

As the controversy continued to unfold, the City of Surrey and the RCMP also appeared to have offered SPS officers a $10,000 bonus to join the Mounties. Buhrig confirmed to CityNews the existence of the offer Tuesday, saying multiple members of the municipal force were told it would be open for six months.

Meanwhile, a legal expert who knows the ins and outs of the Surrey policing saga, says if the city – or anyone else – wanted to appeal the province’s decision, there’s only one real option.

“If there is a party that is aggrieved or feels that they’ve been wronged by a government decision, there is a possibility of making an application for a judicial review in the Supreme Court to review the decision. But there have to be specific grounds before the Supreme Court will entertain it and make an appropriate decision,” lawyer and former B.C. Attorney General Wally Oppal explained.

Oppal, who was the chair of the police transition taskforce, says this route is a steep hill to climb, adding anyone dissatisfied with Farnworth’s decision would have the “heavy onus” of proving why the decision is wrong.

“There’s ample evidence that the solicitor general has before him and everybody’s had an opportunity to be heard. So no one can say they haven’t been heard,” he told CityNews, adding courts generally do not want to interfere with government decisions.

Former Surrey mayor Doug McCallum, who began the transition process in 2018, said he’s pleased with Wednesday’s decision.

“We are delighted to see our vision become a reality, and we are grateful for the support we have received from the Province throughout this process,” he said in a statement.

Farnworth was adamant that his decision “was the final decision.”

“The direction is clear, it’s done under the authority of the Police Act, and we’re very confident in the legal authority on which this decision was made,” he explained.

-With files from Martin MacMahon, Liza Yuzda, and Robyn Crawford

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