Another Ambassador Bridge blockade would have swifter police response, report says

Another blockade of the Ambassador Bridge wouldn't play out like what happened in February 2022 — thanks to police being empowered to act faster and harder, according to a report that's going to Windsor city council next week.

Meant for council information, the report describes how the province's Bill 100 — the Keeping Ontario Open for Business Act — gives law enforcement organizations "additional tools to help prevent and swiftly respond to future blockades."

The Ontario legislation defines international border crossings such as the Ambassador Bridge as "protected transportation infrastructure."

Under Bill 100, police don't need a court injunction to take action against those who impede access to such infrastructure. Officers can also suspend the driver licenses and vehicle permits of those involved, and level heavier fines against participants — or even supporters.

"This should create a deterrent against future disruptions, helping the Ambassador Bridge remain open and functional," the report states.

"The ability to act immediately, with additional powers beyond those provided in the Criminal Code or waiting for court authorization, marks a significant shift in the speed of response and enforceability."

Bill 100 was passed by the Ontario government in April 2022, just two months after the original protest was cleared.

Since then, Windsor police were asked to develop a "comprehensive action plan" for similar situations, incorporating the measures provided by the legislation.

"The WPS currently has a detailed operational plan that addresses responses to the Ambassador Bridge," the report advises.

Windsor police did not respond to CBC's request for comment on the plan.

Marta Leardi-Anderson of the University of Windsor's Cross Border Institute — a border issues research group — believes Bill 100 addresses what was a gap in border infrastructure enforcement.

"I think the legislation is very targeted," Leardi-Anderson said. "That's not a regional issue. That's a national issue. The legislation is speaking directly to that. How do we prevent these things from happening? Additionally, how do we then dismantle any kind of obstruction?"

Leardi-Anderson said the need to address the gap has been all the more pressing with the coming completion of the Gordie Howe International Bridge — which she describes as a "purpose-built, very critical piece of infrastructure."

"Deterrence is a good first step," she added.

This coming February will mark the three-year anniversary of when "Freedom Convoy" supporters blocked access on the Canadian side of the Ambassador Bridge, in the name of protesting COVID-19 mandates.

Started on Feb. 7, 2022, the protest lasted six days until dozens of arrests were made through the combined efforts of Windsor police, OPP, RCMP, and other police services.

The total economic impact of the protest has been estimated in the billions of dollars due to the stalling of Canada-U.S. trade. The City of Windsor alone incurred almost  $7 million in emergency management costs.

Ward 2 Coun. Fabio Costante told CBC Windsor that the blockade isn't a regular conversation topic among his constituents, almost three years since it occurred. But "everyone has a story and will remember when this was going down."

"It's certainly not something that anyone would ever want to happen again in our community," Costante said.

"I think this bill is sensible and addresses what otherwise would have been a gap in the law when it comes to enforcement... We are a society that believes in free and democratic expression, but it has its limits."

"One of those limits here is you can't stop trade in two countries, putting at risk a significant amount of jobs, and risking the health, safety and well-being of the public."

In the midst of the protest, the city obtained a court injunction to enable police to act on the protesters.

But the new report to council says Windsor police didn't rely heavily on that injunction: The delay in response was mainly due to Windsor police needing more officers to deal with the protesters.

The report points out that although Bill 100 allows a more immediate response, "adequate resources" need to be available to carry it out.

Another aspect of the legislation is that it extends to "individuals who assist protesters, such as providing supplies or fuel, and applies whether the actions are direct or indirect," the report states.

Costante — who has a professional background in practising law — said what's considered to be evidence will be central in such circumstances. "How this gets rolled out remains to be seen," he said. "Hopefully, we won't have to go through a test case."

While Bill 100 provides stricter protection of border crossings, the report notes that "specific exceptions" are included, "such as for trivial or minor disruptions, or if the activity is lawfully authorized, mandated by legislation or a court order, or conducted by peace officers in the course of their duties."

Costante said he's glad there are exceptions. "This is not about protesting and your freedom to express yourself as you may choose," he said. "It's about doing so in a way that doesn't put the public or the economy at risk."