What injunction? Questions arise around disregard for court order
10-day injunction against horn honking clearly broken fewer than 5 days in
The latest developments for Day 18 of the protest:
- Prime Minister Justin Trudeau has invoked the Emergencies Act.
- Under the Act, police given "more tools" to assist where illegal activities taking place.
- RCMP given power to enforce municipal bylaws and provincial laws.
- Measures limited to certain geographic areas, including Ottawa.
- Downtown Ottawa businesses will receive financial assistance, Trudeau says.
- Ottawa Public Health says it's working with the city to address the health impacts of the demonstrations on residents.
- Ottawa's mayor says some protesters are moving their trucks to Wellington Street.
- City of Ottawa granted an injunction to help it crack down on bylaw infractions.
With the respite from protest horns in downtown Ottawa clearly broken about four days into a court-granted 10-day injunction, some people — including the lawyer who helped draft its wording — wonder why police continue to refuse to step in.
"I think it shows a huge amount of disrespect to the people of Ottawa and it's unfortunate that the police aren't taking action," said Paul Champ, whose client Zexi Li is behind a proposed $9.8-million class action lawsuit filed with the Ontario Superior Court of Justice.
The lawsuit sought an injunction prohibiting the defendants, or any other participant in the convoy protest that started occupying downtown streets Jan. 28, from using vehicle horns north of Highway 417 until at least Feb. 18.
It allows police to arrest anyone they see breaching the court order, but according to Champ, "as far as we know that hasn't happened at all."
"It's really troubling when you see such public acts, defiance of the courts," said Champ. "The fact that these protesters are flagrantly disregarding courts of law now … We're getting into a very dangerous time."
The Horns are back <a href="https://t.co/dUzEDuRe1R">https://t.co/dUzEDuRe1R</a>
—@chrisrands
While many protesters have flocked to Ottawa to voice their opposition to vaccine mandates, others have said their goal is to force the dissolution of the elected federal government, or to create a logistical nightmare that forces the federal government to repeal all mandates.
Ontario announced the end of its provincial proof-of-vaccination system and a faster reopening plan on Monday morning. Premier Doug Ford said the announcement wasn't prompted by protests in Ottawa and Windsor.
According to Radio-Canada, Quebec Premier François Legault could announce the relaxing of some vaccination passport requirements as soon as Tuesday.
- Ontario to remove vaccine passport March 1, mask requirements to remain
- Justin Trudeau plans to invoke the Emergencies Act: sources
On Sunday, former Toronto police chief and federal Minister of Emergency Preparedness Bill Blair questioned the lack of police enforcement in the nation's capital, calling it "inexplicable."
The injunction was granted Feb. 7. As of noon Feb. 8, Ottawa police had announced 23 charges. They've announced three arrests since then as of the last update on Saturday.
WATCH | Ottawa's most recent former police chief on what's happened:
The anger expressed by Ottawa residents after more than two weeks came to a head over the weekend, as many took part in counter-protests — including blocking the intersection at Riverside Drive and Bank Street to keep trucks from joining the downtown occupation.
"The police are doing nothing about it. You know, the people of downtown Ottawa are being terrorized in their own homes … So far, we haven't seen any meaningful action by the authorities," said Champ.
There may be some reprieve for downtown residents and businesses if an agreement brokered between the city and convoy organizers over the weekend comes to any kind of fruition.
That deal could mean some amount of the hundreds of trucks are relocated from residential neighbourhoods to a strip of Wellington Street between Elgin Street and the Sir John A. Macdonald Parkway.
Mayor Jim Watson said around 1:45 p.m. Monday this shift had started. CBC and Radio-Canada reporters witnessed drivers moving their trucks north on Metcalfe and O'Connor streets.
It's not yet clear how many will move, or what might be able to reopen as a result.
And as for the deal with the city, on our way back we did witness a couple of trucks go up O'Connor toward Wellington. <a href="https://t.co/HH5AQ02zS6">pic.twitter.com/HH5AQ02zS6</a>
—@CBCRaffy
Champ said his team has been collecting video evidence of specific trucks and their licence plates and is considering other legal options that could be raised at the next court hearing on Wednesday.
They include moving forward with civil contempt proceedings and asking the court to issue arrest warrants for specific people. Champ admitted that would require officers to once again step in.
"Even if we get a warrant of arrest for an individual, the big question is, are the police actually going to start enforcing the law at some point in downtown Ottawa?"
The city has also been granted its own injunction to help deal with people contravening municipal bylaws, including for noise, discharging fireworks and idling.