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Published: November 8, 2024
The city of Windsor has filed a lawsuit against the federal government over the costs incurred due to what is known as the "Freedom Convoy blockade" that occurred in early 2022, when truck drivers opposing the government's COVID-19 measures blocked the Ambassador Bridge, the busiest trade route between Canada and the United States, for six days.
The lawsuit, which was filed on Monday, states that the federal government promised to cover all expenses related to the crisis, which the city relied on when preparing its budget. However, after the blockade, Ottawa refused to reimburse over $900,000 of the costs incurred for emergency operations and crisis management, stating that these expenses were ineligible.
The city of Windsor argues in its lawsuit that the federal government's decision to withhold part of the funding from the city was arbitrary and unjustified, forcing it to fund expenses from its limited capital budget that was meant for infrastructure projects such as roads and sewage. The city emphasized in its statement that this decision has burdened local taxpayers.
This escalation of tensions between the city and the federal government comes at a sensitive time, as the city is trying to assert the need for the federal government to take responsibility for the costs that arose due to the blockade, which significantly affected the local economy and disrupted trade across the bridge.
The lawsuit by the city of Windsor highlights a broader issue regarding what the city described as "the inappropriate offloading of policing responsibilities from the federal government to municipalities at the expense of local taxpayers." According to the legal document, the city asserts that the blockade crisis, which involved the calling of local police to confront protests, was part of a deeper problem regarding the unfair burden placed on municipalities to cover emergency costs caused by federal intervention.
The city notes that federal authorities often rely on local police to handle major crises arising from federal policies or situations involving nationwide issues, such as public protests or national emergencies. However, municipalities like Windsor often bear the financial burden of these security operations, putting strain on their local budgets.
According to the lawsuit, this financial burden is disproportionate to the resources provided by the federal government, leaving local taxpayers in a difficult position.
The city believes that this situation places a significant burden on local residents who bear the costs of crises arising from issues beyond the control of the local government.
The city of Windsor is seeking compensation in its lawsuit against the federal government for ongoing expenses related to securing international border crossings in the city, including securing the Ambassador Bridge and other border areas, as well as an official declaration from the federal government of its responsibility for securing border crossings and local police during crises such as the Freedom Convoy blockade. The city asserts that the protest and its resolution cost it "significant" expenses in areas of policing, emergency services, transportation, communications, and legal services.
These claims have not yet been tested in court, but a spokesperson for the federal Department of Justice confirmed that the department is aware of the legal action taken by Windsor and will review the claim statement to determine the next legal steps.
According to the legal document, in December 2022, about 10 months after the blockade, the city of Windsor provided the federal government with details of the expected expenses, which totaled approximately CAD 6,865,000, a figure that included the costs incurred by the city as a result of managing the crisis.
Despite these claims, the city only received a refusal to cover a large portion of the costs, prompting it to take this legal action against the federal government.
This escalation in the lawsuit reflects rising tensions between the federal government and municipalities over the distribution of responsibilities and resources during crises that require strong responses from police and emergency services, which sometimes exceed municipalities' ability to cover their costs.
Shortly after the city of Windsor submitted details of its expenses related to the Freedom Convoy blockade, the federal government finally agreed to compensate the city for part of these costs. According to the legal document, the Canadian public safety agency later issued a press release stating that the federal government would provide "up to $6.9 million in federal funding" in the 2022-2023 fiscal year to support the city in covering expenses resulting from the blockade.
Despite this federal commitment, it is alleged that the city of Windsor did not receive the full amount, as reimbursement for over $900,000 of the expenses it had incurred in managing the crisis was denied. The claim indicates that the federal government decided to withhold this amount on the grounds that it was "ineligible" according to certain criteria, which sparked protest from the city, which considered this decision arbitrary and left local taxpayers bearing a significant financial burden.
This exchange between the city and the federal government reflects tension over financial responsibility during major national crises, where municipalities see the federal government as needing to fully assume responsibility for costs associated with securing border crossings and containing federally related protests.
The document states that the city submitted an updated breakdown of its costs in 2023, with a new total of approximately $6,995,000. In the fall of 2023, the federal government responded that it would only cover half of the city's legal fees, as these are not considered eligible expenses, according to the claim.
The lawsuit alleges that the agreement reached in December 2022 "did not include any terms limiting the eligibility of the city's expenses," and that Ottawa's decision to reduce funding amounts to an "arbitrary and unjustified" breach of contract.
The Freedom Convoy protest began as a reaction to COVID-19 vaccine mandates for truck drivers crossing the Canadian-American border, but it evolved into broader demonstrations opposing pandemic measures.
The protest saw a convoy of large trucks parked in downtown Ottawa for weeks demanding that the federal government lift COVID-19 restrictions and vaccine mandates.
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