Injunction to end Windsor border protest granted following Ontario court hearing

An injunction to remove protesters blocking traffic to the Ambassador Bridge International border crossing in Windsor, Ont. has been granted following an Ontario Superior Court of Justice hearing on Friday.

Chief Justice Geoffrey Morawetz ruled in favour of the plaintiffs that an injunction is an appropriate tool to remove protesters from the blockade at the foot of the Ambassador Bridge.

The plaintiffs are the Automotive Parts Manufacturers’ Association (APMA) and Canadian Vehicle Manufacturers’ Association who took the legal step, which was backed by the City of Windsor.

The injunction is expected to give police more legal backing to remove demonstrators from what they call an “illegal blockage”

It will go into effect at 7 p.m. to give protesters the chance to clear the area.

During Friday’s hearing, plaintiff lawyer Mike Wills argued the blockade has caused “irreparable damage” to the automotive industry locally and across Canada and the United States. Costing the industry immeasurable amounts of money, possibly into the billions.

A lawyer representing the City of Windsor added it is also causing distress to citizens, nearby schools and businesses.

There was an opportunity given for interveners to speak up for the defendants — the protesters.

The defence argued the demonstration is not violent, that they’re not blocking the bridge fully and that any injunction needs to allow for some level of nuisance.

To that, they argued that freedom of assembly has enormous historic and symbolic value in protecting the rights of individuals holding their government accountable.

Plaintiff lawyers countered while demonstrators do have a right to protest, those rights do not come without limits.

“These guaranteed freedoms cannot be exercised in a completely unfettered manner,” Wills argued.

Chief Justice Morawetz made the decision saying he is satisfied that a case for the injunction has been made. The court then worked through the form of the order.

The hearing began with Ontario Superior Court Chief Justice Geoffrey Morawetz at 12 p.m. Friday.

Status was granted to the Democracy Fund, a “civil liberties organization” and Josh Hunter, a lawyer representing the Attorney General.

Morawetz told the participants all the arguments from the parties will be heard on Friday. He said it deserves to be heard “on an expedited basis."

The blockade has been on Huron Church Road in front of the bridge since Monday. The group is protesting COVID-19 mandates.

On Friday morning, protestors appeared to open one lane on Huron Church Road into Canada from the United States, but police say the road remains blocked.

Windsor Mayor Drew Dilkens announced the intent to seek an injunction on Thursday. He said every day that the border crossing is closed there is a $400 million impact on the economy.

Auto sector officials say production at Windsor plants as well as others in Ontario have also been impacted.

The injunction will last for at least 10 days. It is expected police will move to enforce the injunction.

What is an injunction?

Jasminka Kalajdzic, associate professor and director of the Class Action Clinic at Windsor Law at the University of Windsor, says an injunction would give police better and stronger reasons to go out and enforce the law.

Kalajdzic says any person whose property is being harmed, their right to live in peace is being hampered and an injunction can be filed to enjoin them. In this case, the property owner is the city.

She says the protest is a ‘grey area’.

With a court intervening, the judge will consider all of the competing interests. The balance of the right of peaceful assembly and speech against these other rights. If the judge grants the injunction, it means he’s decided there are other ways to peacefully assemble without impeding rights.