Farnworth tweaks B.C. Police Act changes after OPCC raises concerns

After B.C.’s Office of the Police Complaint Commissioner (OPCC) raised concerns about changes to the provincial Police Act, Solicitor General and Public Safety Minister Mike Farnworth says he’s addressed those worries.

Initially, Police Complaint Commissioner Clayton Pecknold said he was worried that proposed changes to the Act could limit the ability of people in Surrey to “raise legitimate concerns” about policing in their community.

He outlined those concerns in a letter Tuesday, taking issue with a section of Bill 36, introduced Monday, that aims to ensure Surrey’s transition to a municipal police force is completed.

The legislation had said that during the transition, the province’s lieutenant governor can essentially override the Surrey Police Board, whose chair is Mayor Brenda Locke — a staunch opponent of the switch to the Surrey Police Service.

Pecknold also wrote that the OPCC was not consulted in the development of the legislation.

However, in an unrelated news conference, Farnworth confirmed that he has amended the bill to address Pecknold’s concerns.

“The Office of the Police Complaint Commissioner noticed this and he thought it might impact his ability in terms of the situation,” Farnworth said.

“We have no issue whatsoever in saying ‘Hey look, this is an issue. We’re more than happy to change it to ensure you’re comfortable with the change.”

Farnworth added that his legal counsel advised him he did not need to consult the OPCC while drafting the bill.

“This is a very technical amendment and it removes any ambiguity from the Office of the Police Complaints Commissioner,” he said.

Pecknold’s initial letter stated that the language around ensuring Surrey continued its police transition was too broad, fearing it could interfere with the police board’s duty to report officer complaints to his office, as is outlined in the current Police Act.

“This is of particular importance given the unprecedented complexity of this transition and the uncertainty of its duration,” he wrote.

The commissioner’s letter caught the attention of BC United Leader Kevin Falcon, who agreed with Pecknold’s concerns while taking aim at Farnworth’s legislation as a whole.

“It is a very Draconian piece of legislation based on our analysis of it and I think it’s completely unnecessary for the task in which the NDP are trying to deal with,” Falcon said.

Farnworth’s legislation was among the latest chapters in a years-long back-and-forth over policing in Surrey. In the days since, Premier David Eby has expressed his want to move on from the police transition tug-o-war, saying Locke “fought a good fight,” in trying to keep the RCMP in the city.

With files from Hana Mae Nassar and Liza Yuzda