An Ontario Superior Court judge has granted an injunction aimed at ending a blockade by protesters at the Ambassador Bridge in Windsor that has tied up cross-border traffic since Monday.
Chief Justice Geoffrey B. Morawetz handed down the ruling Friday. It will come into effect at 7 p.m. ET today.
Specifics of the injunction are being worked out, with a draft to be presented to the court.
During the proceeding, court heard that since Monday, the blockade has allowed only a trickle of traffic across the bridge into the U.S. through a side-street entrance, which was also blocked overnight Wednesday and in the early hours of Thursday morning.
Mike Wills, lawyer for the auto groups that filed for the injunction and the City of Windsor, one of the interveners, said while one lane may have been opened by protesters, it "will not matter" because it may "be closed as quickly as it can be opened" due to the actions of those behind the blockade.
'Astronomical' economic impact
Wills told the court that the plaintiffs — the Global Automakers of Canada, Automotive Parts Manufacturers' Association and Canadian Vehicle Manufacturers Association — represent dozens of Canadian car companies that are losing as much as $50 million per day due to the border "shutdown."
Their economic recovery is impossible due to the "astronomical" amount of money it's costing and "impractical" because protesters are not from one group or faction, said Wills.
"I only represent a small group being impacted by this blockade," he told the court.
"It can't be fixed — it's irreparable."
While some say demonstrations have been peaceful, and the plaintiffs acknowledge they have "been without violence, undertaken by sincere and honest individuals," Wills told the court that peacefulness is not a factor and there is "a strong case [protesters] have not been lawful"
Acknowledging the rights to freedom of expression, Wills said it is "not in their rights to block an international trade artery" and guaranteed freedoms "may not be exercised in a completely unfettered manner."
Here are arguments for people supporting blockade
Antoine d'Ailly, counsel for Citizens for Freedom, a non-profit representing Windsor individuals who support the blockade, argued the injunction wasn't necessary, as traffic was able to access the bridge.
"Based on the photographs we've shown ... at most it's the left two, perhaps three lanes of Huron Church Road [a main road to the bridge] that is being slowed or impeded by trucks that are unable to proceed any further, and the supporters on the road.
"The submission here is that the protesters are in no way fully blocking access to the bridge, one way or the other," he said. "At best here, we're dealing with a partial impediment."
Morawetz asked for an update on the bridge protests, which City of Windsor lawyer Jennifer King obtained from the Windsor Police Service.
King told court that, as of late Friday afternoon:
The southbound bridge exit leading onto Huron Church Road was completely blocked by protesters, except for one lane that was negotiated to remain open for emergency vehicles to use responding to a call.
Huron Church Road at Tecumseh Road to College Avenue was blocked, and the bridge could not be accessed.
The bridge entrance on Wyandotte Street westbound was completely blocked by protesters.
The bridge entrance eastbound on Wyandotte Street was open, but intermittently being blocked by protesters.
