WALLY Oppal, former B.C. attorney general and BC Court of Appeal judge, told The VOICE on Tuesday in connection to the B.C. government’s response to the City of Surrey’s petition filed in B.C. Supreme Court for a review of the Province’s directive that the Surrey Police Service take over from the RCMP, that in his view the City faces an uphill struggle to retain the RCMP.

Oppal said the City faces two obstacles. The most compelling obstacle for Surrey is Section 7 of the new Police Act. The section that was passed in October mandates the City to provide policing and law enforcement by means of a municipal police department.

The Province has argued that the judicial review is moot in that it is no longer relevant.

Oppal said: “So, what the Province’s lawyers will no doubt argue is that the judge doesn’t even have to go to the judicial review; all the judge has to do is look at Section 7 and that’s pretty compelling.”

Wally also pointed out: “It should also be noted that it’s not for the Supreme Court to decide whether the RCMP would be a better police force for Surrey or whether the Surrey Police Service would be better. That function is not the judge’s. In a judicial review, the sole purpose of the judge is to decide whether or not the decision made by the Solicitor General was reasonable based on the evidence that was before the judge.”

Wally said: “Surrey clearly has an uphill struggle in getting the Supreme Court to set aside a decision made by the Province because the Province is the ultimate authority to determine what form of policing is reasonable for Surrey and for the rest of the province. The Province has to think of not only Surrey but how an RCMP detachment in Surrey affects the rest of the policing.”