Judge extends injunction barring protesters at Ambassador Bridge indefinitely

A chief justice has granted an extension to a temporary injunction that will stop protesters from forming or blocking traffic to and from the Ambassador Bridge indefinitely.

The City of Windsor took over from the Automotive Parts Manufacturers Association Friday as the applicant for the continued injunction, suggesting there’s a real and imminent risk that protestors will continue breaching city bylaws.

Superior Court Chief Justice Geoffrey Morawetz issued a temporary injunction on Feb. 11. Protestors who made up the blockade at the Ambassador Bridge in Windsor, Ont. were given notice by police.

What followed was a weekend with dozens of arrests and charges, multiple towed vehicles a continued police presence in the City of Windsor and a reopened Ambassador Bridge.

Police enforcement on Huron Church Road in Windsor, Ont., on Sunday, Feb. 13, 2022. (Chris Campbell / CTV Windsor)

In virtual court Friday, lead counsel for the city, Jennifer King, suggested the injunction should continue.

“Life has not returned to normal in Windsor or on Huron Church Road,” she said. “Windsor seeks to continue the injunction as it will not tolerate breaches of its bylaws.”

She pointed to evidence - namely a police intercept of an alleged new convoy and online discussions of new blockades – that the treat is imminent.

Defense intervenor Alan Honner of the Democracy Fund argued an injunction doesn’t need to be extended for the law to be obeyed.

“The situation is different now than it was seven days ago,” Honner said.

Another intervening defence lawyer James Kitchen said any injunction needs to be clear about who can protest and where the can lawfully exercise their charter rights.

“We have to be very careful not to throw our charter rights aside just because we’re in difficult situations,” Kitchen said. “They’re there primarily to protect dissidents and minorities who speak up during difficult times.”

Antoine D’Ailly, who was also speaking for the defense, argued there’s no imminent risk that a new blockade will pop up. He says that’s evidenced by the fact that traffic is now flowing free and clear to and from the Ambassador Bridge.

But Jennifer King countered that’s only the case because of the previous court decision and resulting police action.

“Success of municipal and police operations designed to remediate a threat should not be taken as evidence that a threat does not exist,” King said.

Morawetz ultimately sided with the city, extending the injunction to keep any further protest blockades from stopping international traffic to and from the Ambassador Bridge.

In his ruling Morawetz said he will outline his reasons by Tuesday, Feb. 22., but noted this injunction will last indefinitely.

While this is being debated in courts – actual testimony from west end business owners and residents.

“We are still living with some of the repercussions here,” said Windsor West NDP MP Brian Masse, who organized a media event this morning to highlight the ongoing issues caused by temporary municipal road blocks on side-streets connected to Huron Church Road.

Windsor West NDP MP Brian Masse and Windsor West NDP MPP Lisa Gretzky in Windsor, Ont., on Friday, Feb. 18, 2022. (Chris Campbell / CTV Windsor)

The road blocks are designed to stop access to Huron Church Road in an effort to stop any new blockades from establishing. In the meantime, he argues the barriers are cutting off access for residents and to west-end businesses.

Windsor West NDP MPP Lisa Gretzky is asking for government supports for services and businesses inconvenienced by the precautionary measure.

Jim Shaban of Westdale Corporation is frustrated that west residents and businesses are now caught up in the middle of a political battle.

“Where’s our community? Where can we be? What can we do?” Shaban asked. “Help us. Please. And to the leader of the opposition and the leader of the block: Je Me souviens.”