City of Windsor takes legal action against feds over costs from bridge blockade

They City of Windsor is taking legal action against the federal government.

Windsor Mayor Drew Dilkens announced details of the lawsuit on Monday. He says it’s for the reimbursement of $900,491 in costs arising from the 2022 blockade at the Ambassador Bridge.

“The City’s lawsuit against the federal government is about justice and fairness for Windsor taxpayers. While wholeheartedly commending the response of our emergency services, City Council unequivocally agrees that our residents should not bear the financial burden for ensuring safety and security of the Ambassador Bridge, which is the responsibility of the federal government,” said Dilkens.

Dilkens says this lawsuit underscores the city’s continued demand for equitable support in protecting federal infrastructure, which is essential for the city and Canada as a whole.

Windsor’s lawsuit seeks the following:

• Full reimbursement of all costs incurred in response to the 2022 blockade
• A formal declaration of federal responsibility for policing and securing federal border crossings
• Compensation for ongoing expenses related to protecting Windsor’s international border crossings

The Ambassador Bridge blockade in February 2022, part of the Freedom Convoy protests, impeded access to Canada’s busiest commercial land border crossing, severely disrupting national and international trade.

Dilkens says the city responded swiftly to manage the incident, taking on significant expenses in policing, legal fees, and emergency services, all of which were vital to ending the blockade and reopening the bridge on Feb. 14, 2022.

Dilkens says on Dec. 29, 2022, the federal government, through an official agreement, pledged up to $6.9 million in federal funding to fully cover Windsor’s extraordinary costs.

The City of Windsor’s claim points to statements made by former Public Safety Minister Marco Mendicino, who confirmed the federal commitment to cover all extraordinary expenses incurred by Windsor. City officials say this agreement of Dec. 29, 2022, was critical in the City’s 2023 budgeting process.

“Nine months later, the federal government wrongfully refused to compensate Windsor for certain expenses amounting to $900,491, citing these costs as “ineligible.” Canada offered no valid legal reason for this refusal, leaving resident taxpayers on the hook to cover a significant budget shortfall,” states a city news release.

Dilkens said the outstanding balance was taken from the roads budget.

In addition to demanding compensation, the city has called on the federal government to discuss the creation of a fair and transparent inter-jurisdictional framework to allocate responsibility and costs for policing federal assets, similar to an existing program established with Ottawa.'

Windsor-Tecumseh Member of Parliament, Irek Kusmierczyk said the mayor had sent a letter for help to both Ontario and the federal government.

“The federal government stepped up with $6.1 million to cover all the costs of policing, barricades, transit, Windsor, and the province to date has stepped up with exactly $0,” says Kusmierczyk.

Kusmierczyk says they are always ready to have conversations with their partners at the province and at the municipality, to make sure that they protect this vital piece of infrastructure.

Windsor West NDP MP Brian Masse issued a statement on Monday.

“After years of discussions with the City of Windsor and the Government of Canada, I am outraged that the federal government has continued to leave Windsor taxpayers responsible for nearly $1 million in costs related to the Ambassador Bridge blockade in February 2022. This refusal to fully reimburse the city is not just unfair; it is a blatant disregard for the financial burden placed on our residents who are now left shouldering the federal government’s costs,” he said.

According to Ari Goldkind, a lawyer who is not associated with the case, the City of Windsor’s claim may have some merit.

“It would be a simple question, why should the taxpayers of Windsor, property taxpayers, foot an extra $900,000 close to a million, when it's the people of Ontario and Canada that benefit from the Ambassador Bridge,” Goldkind told CTV News.

A significant factor for Goldkind is whether the provincial government will be included in the legal battle and how its role will be defined.

The legal analyst believes the Ford government could be at the centre of a third-party claim by the federal government to cover the remaining costs.

“You get into what are the roles and responsibilities of the OPP? What did the Ford government do or not do? What's the role of the province in this kind of policing?”

“So certainly, I would expect some cross-litigation between the federal government and the provincial government.”