Jennifer L. King
Jennifer L. King spoke 491 times across 15 days of testimony.
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Jennifer L. King, Counsel (Win)
Good morning.
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Jennifer L. King, Counsel (Win)
Good morning and thank you for this opportunity to make comments this morning. My name is Jennifer King and I am legal counsel for the City of Windsor, along with my colleagues, Michael Finley, Graham Reader, and Bevin Shores. We will be taking turns attending the hearing in a mix of both-in person and remote attendance. Our client, the City of Windsor, is a city located in southwestern Ontario on the south shore of the Detroit River. The city is host to multiple Canada/U.S. border crossings, including the Ambassador Bridge, a privately owned international border crossing connecting Windsor and Detroit, Michigan over the Detroit River. The bridge is, by far, Canada’s busiest commercial crossing to the United States, handling over 300 million of trade per day, representing about one quarter of Canada’s exports. The international bridge enters the City of Windsor, connecting directly to a municipal road here on Church Road, itself a critical economic artery for the city. There is no direct provincial highway connecting the bridge and Highway 401. Instead, bridge traffic, including 6,000 commercial trucks per day, move through local roads on their way to and from the bridge. But Windsor is more than just a road and a bridge. It is a community. The bridge and Huron Church Road are surrounded by residential homes, apartment buildings, restaurants, educational institutions, community centres, and businesses. Windsor is interested in the Commission’s work because the Ambassador Bridge blockade happened in Windsor on municipal roads with profound negative impacts not only on trade and the automotive sector, but also on the city, its residents, and its businesses. Windsor will continue to cooperate fully with the Commission and looks forward to describing the circumstances of the Ambassador Bridge blockade, Windsor’s efforts to support the response to these events, and the significant impacts on the City, its communities, schools, residents, and businesses. Windsor is particularly interested in the Commission’s policy work and looks forward to receiving any recommendations that may be made by the Commission. As a local government of the front lines of emergency response, and as the home of critical infrastructure, Windsor is interested in recommendations and planning that recognizes and supports the municipal role in emergency response and protects the international crossings in Windsor in a way that prioritizes and supports the interests and needs of the City and its residents and businesses. Thank you.
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Jennifer L. King, Counsel (Win)
Good evening, Commissioner Carrique. My name is Jennifer King, and I am legal counsel to the City of Windsor. Hi.
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Jennifer L. King, Counsel (Win)
Good evening. Commissioner Carrique, are you familiar with the City of Windsor and the location of the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
So I will ask the clerk to pull up a map to orient you and those who may not be familiar with the city. WIN00002248 [sic]. And when it comes up, Commissioner, you'll see that it's oriented so that the Ambassador Bridge is marked at the top or north of the map. I don't see it yet on my screen.
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Jennifer L. King, Counsel (Win)
We'll give it a moment. So if you can read the markings, the Ambassador Bridge is marked at the top northside of the map. Do you see that?
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Jennifer L. King, Counsel (Win)
And at the bottom of the screen, which is south, you'll see E.C. Row Expressway. Do you see that?
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Jennifer L. King, Counsel (Win)
And although it's not marked here, the road from E.C. Row Expressway to the Ambassador Bridge is Huron-Church Road. Are you aware that this is a local municipal road, not a highway?
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Jennifer L. King, Counsel (Win)
All right. Well, I assume that you don't disagree if I tell you that this is a local municipal road and not a highway.
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Jennifer L. King, Counsel (Win)
Thank you. And you'll see that, perhaps you won't see it, but you'll see marked there's a -- the College Avenue, which is marked just south of the bridge. Just north of that is the entrance to the Border Plaza. So since you aren't familiar with Windsor, you may not know that the area of the bridge itself and Huron-Church Road is surrounded by residential areas on both sides, educational institutions, and businesses. Are you aware of that?
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Jennifer L. King, Counsel (Win)
Okay. And the University of Windsor is right beside the bridge.
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Jennifer L. King, Counsel (Win)
Okay. So you are aware that the Ambassador Bridge is a privately-owned international border crossing that spans the Detroit River between Windsor and Detroit?
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Jennifer L. King, Counsel (Win)
Okay. And you will agree with me that this is critical infrastructure to both Canada and the Province of Ontario?
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Jennifer L. King, Counsel (Win)
You'll see that the bridge enters, as we've just discussed, it enters Windsor connecting to this municipal road, Huron-Church Road, and you'll see that there is no direct provincial highway connection between the bridge and Highway 401. Are you aware of that?
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Jennifer L. King, Counsel (Win)
Okay. Highway 401 is under the jurisdiction and control of the Ministry of Transportation and is patrolled by the Ontario Provincial Police; correct?
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Jennifer L. King, Counsel (Win)
So traffic between the provincial highway moves through local roads for several kilometres to get to this international border crossing; right?
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Jennifer L. King, Counsel (Win)
Traffic between the Provincial Highway 401 moves through local roads for several kilometres to get to the international border crossing; right?
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Jennifer L. King, Counsel (Win)
And you'll agree with me that the blockade of the Ambassador Bridge in February 2022 had a significant and substantial impact on provincial and national economic security?
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Jennifer L. King, Counsel (Win)
And we know that the Windsor Police... And I -- you can take the map down. Thank you very much, Clerk. We know that the Windsor Police, with OPP and RCMP, cleared the Ambassador Bridge blockade on February 13th; correct?
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Jennifer L. King, Counsel (Win)
Thank you. The Ambassador Bridge was reopened for traffic just after midnight on February 14th; right?
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Jennifer L. King, Counsel (Win)
But this was not the end of police operations in Windsor, was it?
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Jennifer L. King, Counsel (Win)
Police resources, including OPP police officers, remained deployed in the area to prevent further blockages of Huron-Church Road.
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Jennifer L. King, Counsel (Win)
Is that right?
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Jennifer L. King, Counsel (Win)
Okay. And this was to ensure the flow of traffic from Highway 401 to the Ambassador Bridge; right?
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Jennifer L. King, Counsel (Win)
Okay. So the purpose of it was to prevent another blockade of the bridge.
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Jennifer L. King, Counsel (Win)
And to protect the millions of dollars of trade crossing this international bridge every day.
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Jennifer L. King, Counsel (Win)
Thank you. The OPP and WPS put a Traffic Plan in place on February 13th. Were you aware of that?
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Jennifer L. King, Counsel (Win)
And -- so let's go to OPP00000011, which is the Traffic Plan. And if you could take us to page 3 when we get there. I'm not sure if the clerk got that number. If you need me to repeat it, it's OPP00000011, and page 3, please. Thank you. And you'll see here, if you can read it, Commissioner Carrique, that here we see Execution Planning, and the first paragraph states: "All east/west traffic from College Avenue and E.C. Row will be blocked by jersey barriers running the entire length of Huron-Church Road." Do you see that?
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Jennifer L. King, Counsel (Win)
And so the result of this plan was that Huron-Church Road was only open for U.S. bound traffic, and all east/west intersections were closed to local traffic.
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Jennifer L. King, Counsel (Win)
Okay. I could show you a map, but I think that it's fair that that's the result of the plan. Are -- and you just had mentioned that Huron- Church Road remained limited to bridge traffic for sometime for several weeks after the blockade was cleared?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
Well, we can speak to some other witnesses, including Superintendent Earley, if we need ---
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Jennifer L. King, Counsel (Win)
--- to get into those details. So you might not be aware of the exact number, but would it not surprise you if I told you that it took over 1,600 concrete barriers to implement the Traffic Plan?
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Jennifer L. King, Counsel (Win)
And these barriers had to be sourced quickly?
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Jennifer L. King, Counsel (Win)
And the Traffic Plan required support from the City of Windsor, including by sourcing and moving vehicles and jersey barriers?
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Jennifer L. King, Counsel (Win)
Yes. And wouldn't -- it would not surprise you, Commissioner, that the Police Operations and implementation of this Traffic Plan was expensive?
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Jennifer L. King, Counsel (Win)
And it cost around a million dollars for the jersey barriers alone?
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Jennifer L. King, Counsel (Win)
Okay. And as a result of the blockade and then the Police Traffic Plan, would you agree with me that access to businesses along Huron-Church Road would be limited and commercial traffic would've been reduced as a result?
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Jennifer L. King, Counsel (Win)
Well, those -- the operations to preserve or maintain access to the bridge had an impact on businesses and residents in Windsor.
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Jennifer L. King, Counsel (Win)
You'd agree?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
So would you agree with me that Windsor municipal taxpayers should not be asked to shoulder the cost of securing this international gateway alone?
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Jennifer L. King, Counsel (Win)
Okay. I just have a few questions to hopefully assist in clarifying the circumstances that led to the OPP's deployment to Windsor. Commissioner Carrique, this morning you discussed a number of the individuals within the OPP who reported to you during the protests, and one of them was Superintendent McDonnell, who coordinated Public Order Unit hubs during the protests; right?
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Jennifer L. King, Counsel (Win)
Mike McDonnell. Okay. And he reported to you daily?
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Jennifer L. King, Counsel (Win)
Thank you for that clarification. It was Superintendent Mike McDonnell who coordinated the Public Order Units then during the protests.
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Jennifer L. King, Counsel (Win)
Okay. If I could please show you WTS00000026? This is Superintendent McDonnell's witness summary.
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Jennifer L. King, Counsel (Win)
McDonnell.
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Jennifer L. King, Counsel (Win)
Yes.
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Jennifer L. King, Counsel (Win)
No, go ahead.
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Jennifer L. King, Counsel (Win)
Thank you to Commission Counsel. Commissioner Carrique, did you have an opportunity to review Superintendent's witness summary?
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Jennifer L. King, Counsel (Win)
Okay. Commissioner, I'm seeking leave to refer Commissioner Carrique to this witness summary. He's advised that the Superintendent has reported to him -- reported to him daily. And as Commission Counsel has advised, they've identified the summary as one that they intend to admit in lieu of oral testimony.
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Jennifer L. King, Counsel (Win)
Okay. Thank you, Commissioner. If you could scroll to page 4, please? To the second paragraph on the bottom of the page. And you'll see here, Commissioner, that the -- "On February [the] 4[th], Superintendent McDonnell started working with the Windsor Police Service [...] after receiving a call from then- Superintendent Jason Crowley of [the] WPS." Do you see that?
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Jennifer L. King, Counsel (Win)
Okay. And you'll agree that, "Superintendent Crowley advised Superintendent McDonnell of the possibility of traffic slowdowns to, and potential blockade of, the Ambassador Bridge."
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Jennifer L. King, Counsel (Win)
Okay. And if you could scroll to page 5, please, under "Police Response in Windsor". The second paragraph Superintendent McDonnell indicates that, "On the evening of February [the] 6[th], then-Superintendent [...] Crowley requested help and the OPP immediately sent about 35 cars with accompanying personnel to come up with a traffic plan..." Do you see that?
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Jennifer L. King, Counsel (Win)
And were you aware of that at the time?
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Jennifer L. King, Counsel (Win)
Okay. So we can take that witness summary down and ---
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Jennifer L. King, Counsel (Win)
I have two more questions, Commissioner, if I may.
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Jennifer L. King, Counsel (Win)
Thank you, Commissioner. So I just wanted to confirm that Superintendent Earley was assigned as of February 9th; correct?
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Jennifer L. King, Counsel (Win)
And so you'll confirm that by the time you became aware of the Windsor Chief of Police's formal request for resources, WPS had already requested resources directly from the OPP, including POU assistance; correct?
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Jennifer L. King, Counsel (Win)
Thank you.
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Jennifer L. King, Counsel (Win)
(Off mic) That was a compound question that my friend has asked. I think it's an unfair question to the Mayor, and he hasn't provided any of these statements for him to see. I object to that question.
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Jennifer L. King, Counsel (Win)
Jennifer King for the City of Windsor. Commissioner, we received an email it appears from my friend, Mr. Miller, less than 15 minutes ago with three documents that he ---
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Jennifer L. King, Counsel (Win)
In event, we had notice of these documents. It’s contrary to the rules. We haven’t had any notice that he intends to put this to Mayor Dilkens.
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Jennifer L. King, Counsel (Win)
I’m going to object to this question on this document ---
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Jennifer L. King, Counsel (Win)
--- and object to this document being put to the Mayor.
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Jennifer L. King, Counsel (Win)
Good afternoon, Commissioner, Mayor Dilkens.
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Jennifer L. King, Counsel (Win)
For the record, I am Jennifer King, counsel to the City of Windsor. I only have a few questions remaining for you. Most of my questions have already been asked and answered. Could I ask you to please look at WIN00000992? While this is coming up, Mayor Dilkens, this is a letter from yourself to the Honourable Helena Jaczek, Minister responsible for the Federal Economic Development Agency for Southern Ontario. Do you recognize this letter?
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Jennifer L. King, Counsel (Win)
Okay. If you could scroll to the last paragraph on the page, we'll see here you wrote: "Windsor Police and their partners in law enforcement have done an exemplary job in quickly clearing the illegal occupation and maintaining the security of Huron Church Road for over 400 million in goods that travel this crossing each day. Unfortunately, the price of that economic security has meant a significant and sustained loss for small and medium-sized businesses who operate along Huron Church Road in Windsor." If you could keep scrolling down? And you'll see here that you ask or you urge the Minister to show the same level of leadership and support the business community along Huron Church Road as was showed to Ottawa businesses who managed through the pandemic and now must cope with police barricades designed to protect our national economy from those who would seek to disrupt it because they oppose Canada's pandemic-related policies. Did you receive a response to this letter and request?
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Jennifer L. King, Counsel (Win)
And just to confirm, was it the federal government or was it the FedDev program?
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Jennifer L. King, Counsel (Win)
Okay. And they received those funds?
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Jennifer L. King, Counsel (Win)
I just have a question. If you could pull up, please, the Clerk bring up WIN00002240? And while this is coming up, Mayor Dilkens -- it'll take a moment -- my friend Commission counsel asked you questions, if you'll recall, about your March letters to Minister Freeland and some others, and then also a second letter to former Solicitor General Jones. And what you see here, is this your letter from -- dated March 17th to Minister Jones, Minister Mendicino, and Minister Blair?
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Jennifer L. King, Counsel (Win)
Okay. And if you could just go to the second page, second-to-last paragraph, please? Right. You'll see here, Mayor, that you wrote that the recent blockade incident at the Ambassador Bridge highlighted a vulnerability in our governance model.
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Jennifer L. King, Counsel (Win)
Thank you for the reminder. "The City of Windsor is certainly responsible for local infrastructure and the Windsor Police Service is capable of providing adequate and effective law enforcement for our community. That said, the need for broader collaboration and support from provincial and federal governments to bolster the safety and security of our borders appears obvious." Can you tell the Commissioner and give us some of your thoughts about what role you think each of the three levels of government, federal, provincial, and municipal, should play in protecting the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Thank you. Those are all my questions.
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Jennifer L. King, Counsel (Win)
So many of our questions -- oh, this is Jennifer King, Counsel for the City of Windsor. Most of our questions have already been canvassed. I do have a series of questions on one topic, the Windsor-Detroit marathon. So, Deputy Chief, you are a long-time resident of Windsor-Essex?
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Jennifer L. King, Counsel (Win)
Then I would expect you're familiar with the Windsor Detroit Marathon?
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Jennifer L. King, Counsel (Win)
And you're familiar with the road closures and restrictions during the marathon?
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Jennifer L. King, Counsel (Win)
Mayor Dilkens was asked some questions about the closure of the Ambassador Bridge during the marathon this summer.
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Jennifer L. King, Counsel (Win)
Yes. And you were here for his testimony?
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Jennifer L. King, Counsel (Win)
You'll agree with me that generally, during the marathon, traffic is only restricted on the bridge, not entirely closed?
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Jennifer L. King, Counsel (Win)
Okay. And so that’s generally early in the morning on a Sunday?
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Jennifer L. King, Counsel (Win)
Well, it’s our understanding that generally it’s only entirely closed this year. It was only entirely closed this year because there was construction at the same time. Were you aware that there was construction on the bridge this year?
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Jennifer L. King, Counsel (Win)
Okay, thank you.
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Jennifer L. King, Counsel (Win)
Those are all of my questions.
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Jennifer L. King, Counsel (Win)
Good afternoon, Superintendent Earley.
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Jennifer L. King, Counsel (Win)
I have a few topics I'd like to canvass with you today.
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Jennifer L. King, Counsel (Win)
I am Jennifer King. I'm counsel to the City of Windsor.
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Jennifer L. King, Counsel (Win)
First, I'd like to speak to you about your role in Windsor before Deputy Commissioner Chris Harkins appointed you to serve as OPP's Critical Incident Commander in Windsor. This morning, you told my friend, Commission Counsel, that OPP PLT was deployed to Windsor on February the 8th following a conversation you had with now Deputy Chief Crowley early on February the 8th, I think it was 2:00 a.m.?
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Jennifer L. King, Counsel (Win)
Yes. It is my understanding from the OPP's Institutional Report, and perhaps I'll stop there. Have you had an opportunity to review OPP's Institutional Report?
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Jennifer L. King, Counsel (Win)
Okay. So I understand from OPP's Institutional Report... And for the record, it is OPP IR00000007. I don't think we have to bring it up, Mr. Clerk. But at page 27 it says that four OPP PLT officers were deployed on February the 7th to assist the WPS. This is reflected in some of the documents, and I could show them to you if it could help you confirm for us and for the Commissioner the date that OPP PLT were deployed.
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Jennifer L. King, Counsel (Win)
Yes.
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Jennifer L. King, Counsel (Win)
Okay. Well, why don't we look at... Perhaps, Mr. Clerk, you could bring up OPP00004580, and scroll to page 67. Superintendent Earley, Commissioner Carrique produced texts with Deputy Solicitor General Di Tomasso that have been produced to the Commission. Commissioner Carrique was kept apprised of the operations in Windsor; right?
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Jennifer L. King, Counsel (Win)
Yes. And so these are his texts with Deputy Solicitor General Di Tommaso. And if you go to page 67, at the bottom of the page, Mr. Clerk. The times on this, so we have to go back, I believe it's five hours, so around noon on February the 7th, Commissioner Carrique texted the Deputy Solicitor General "OPP PLT engaged." Do you see that?
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Jennifer L. King, Counsel (Win)
And would he have gotten that information from you? This was February 7th, before you were appointed; correct?
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Jennifer L. King, Counsel (Win)
Okay. There are other documents that refer to PLT being engaged by February the 7th. Does this assist you in confirming for the Commissioner the date that OPP PLT were engaged?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
And so it makes sense to you that it would have been February the 7th based on this?
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Jennifer L. King, Counsel (Win)
Okay, thank you. You spoke with my friend, Mr. Au, about Mayor Dilkens' public announcement that you said you watched on February the 9th.
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Jennifer L. King, Counsel (Win)
Okay. So do you remember whether or not you heard about it or whether you saw it yourself?
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Jennifer L. King, Counsel (Win)
And it was on February the 9th?
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Jennifer L. King, Counsel (Win)
Okay. You were not yet appointed?
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Jennifer L. King, Counsel (Win)
No? So the Mayor and Chief Mizuno, former Chief Mizuno of the Windsor Police Service, held a press conference at noon on February the 9th. I don't have to bring it up, but there is documents about that press conference. Does it makes sense to you this was something you would have heard around ---
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Jennifer L. King, Counsel (Win)
--- the middle of the day?
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Jennifer L. King, Counsel (Win)
Okay. So this was a joint media briefing delivered by Mayor Dilkens and Chief Mizuno. Do you recall that?
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Jennifer L. King, Counsel (Win)
Okay. It was Mayor Dilkens' evidence yesterday that his public comments were reviewed by the Chief of Police or her staff so that there were no surprises when Windsor delivered a message. Did you hear him say that yesterday?
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Jennifer L. King, Counsel (Win)
Okay. Other than the direction that you gave that you discussed earlier that requests for resources should not be made publicly, you were no engaged in communications were you?
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Jennifer L. King, Counsel (Win)
No. Sorry, media communications.
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Jennifer L. King, Counsel (Win)
That came from the City or WPS. I understand from your statement or your witness summary that WPS continued to have responsibility for media releases and messages; right?
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Jennifer L. King, Counsel (Win)
Okay. And you had no concerns with media releases or messaging after you arrived in Windsor?
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Jennifer L. King, Counsel (Win)
I have a couple of brief questions about the injunction and the continuation of the injunction. Earlier today, you described the injunction as a tool ---
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Jennifer L. King, Counsel (Win)
--- or an option for police?
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Jennifer L. King, Counsel (Win)
Can you confirm, you never raised any concerns with the City of Windsor about seeking the injunction?
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Jennifer L. King, Counsel (Win)
And you raised no concerns about the continuation of the injunction?
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Jennifer L. King, Counsel (Win)
You spoke with my friend, Commission Counsel, about the Traffic Plan, and this has been discussed in your cross-examination as well. I just wanted to confirm that the purpose of the Traffic Plan was to ensure the flow of traffic from Highway 401 to the Ambassador Bridge; correct?
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Jennifer L. King, Counsel (Win)
To keep the flow safe and keep the flow of traffic over the Ambassador Bridge ---
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Jennifer L. King, Counsel (Win)
--- clear. Yes? Okay. And the concrete barriers were installed on your direction?
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Jennifer L. King, Counsel (Win)
And this was to better manage future risk of vehicles being used for blockades; right?
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Jennifer L. King, Counsel (Win)
Excellent. Those are all my questions.
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Jennifer L. King, Counsel (Win)
Thank you.
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Jennifer L. King, Counsel (Win)
So Jennifer King, counsel for Windsor. Yes, I -- we admit that that statement was made in an interview with CTV.
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Jennifer L. King, Counsel (Win)
Jennifer King, counsel for the City of Windsor. We have no questions.
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Jennifer L. King, Counsel (Win)
Good evening, Mr. Freeman. My name is Jennifer King. I’m legal counsel to the City of Windsor.
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Jennifer L. King, Counsel (Win)
In your witness summary, and you’ve mentioned in your testimony, you state that you’re aware that MTO assisted the OPP in identifying contractor to place concrete barriers in Windsor?
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Jennifer L. King, Counsel (Win)
And this was at the direction of the OPP?
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Jennifer L. King, Counsel (Win)
I take it that you understand that this was to better manage future risk of vehicles being used for blockades and disruption of cross border movement of people and goods?
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Jennifer L. King, Counsel (Win)
Are you aware that there was confusion at MTO at the time as to who would pay for these barriers?
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Jennifer L. King, Counsel (Win)
Okay. So I’ll show you some documents. If you could please pull up, Mr. Clerk, ONT00000182? While this is coming up, Mr. Freeman, this is an email dated February 15th between Jasan Boparai of MTO and Supt. Dana Earley of the OPP. And Commissioners heard this week that Supt. Earley shared joint command of the police response to the blockade with Supt. Crowley of the Windsor Police. And you’ll see, if you could scroll down just a little bit, the first bullet, you’ll see that it says: “Upon request by the OPP, MTO has supplied Temporary Concrete Barriers […] through [a contractor].” And if you go to the sub-bullets, and you can see here, part way down: “Since these TCBs are being installed along a municipal roadway, MTO has requested the OPP to advise how compensation to the contractor can be arranged.” Next bullet states: “Preliminary thought from the OPP is that compensation would be through federal funds available to support the emergency response to re-open the Windsor-Detroit crossing.” Do you see that?
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Jennifer L. King, Counsel (Win)
Were you aware of that at the time?
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Jennifer L. King, Counsel (Win)
Okay. And if you could just scroll up a bit? You’ll see that the estimate for the work is $1.3 million?
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Jennifer L. King, Counsel (Win)
Okay. If you could please turn up ONT00000438? This is an internal email exchange at MTO dated February 16th, Mr. Freeman. And it’s involving Doug Jones. And by February 16th, he is Deputy Minister?
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Jennifer L. King, Counsel (Win)
Okay. If we could scroll to page 3, please. Further down a bit, please. There you go. Thank you. So on February 16th, Doug Jones is writing to Stefano Oliviero. Who is that?
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Jennifer L. King, Counsel (Win)
Okay. And you’ll see that Doug Jones is talking about a conversation that he has with the CAO of Windsor. That’s Jason Raynar. And he talks about, again, this issue of costs of the concrete jersey barriers and a concern that has been raised by Jason Raynar about how much the city would be responsible to cover. And it’s not clear to me based on the -- because this is black and white -- who made the statement, but someone at MTO was under the impression that the total cost for the installation, removal and rental of the jersey barriers would be covered 100 percent by MTO. Do you see that?
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Jennifer L. King, Counsel (Win)
Okay. And so I’ll take you to one more document here, WIN00002143. So this an email exchange between CAO Raynar to individuals, so you wouldn’t have seen it at the time. Thank you. And if you could scroll all the way to the bottom, Mr. Clerk. Okay. And you’ll see here that he’s reporting to individuals at Windsor on February the 17th: “Just a quick update that I had a good call with DM Doug Jones, MTO, who is helping to coordinate a planning table with MTO, Sol-Gen, OPP, WPS and Windsor to discuss the long-term needs to protect our international crossings. I’ll let you know once I hear more.” And he continues: “The Deputy also indicated that he understood but was confirming that costs like the jersey barriers that were authorized by MTO staff at OPP’s request would be paid for by the Province.” Do you see that? So if you can scroll up, Mr. Clerk. And you’ll see an email from Mr. Raynar to the same group the next day, and it states: “It would appear that the new Deputy Minister MTO is finding out just how the Province works. He stepped back from both items today that we discussed earlier in the week. MTO will not be covering the costs of the barriers, although he said he would not be surprised to see an application for the Province to assist with those costs and others(?) at some point. No commitment to pay, though, at this time. The argument is that we are the road authority and we approved the deployment of the barriers, so therefore, responsible for the costs.” Do you see that?
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Jennifer L. King, Counsel (Win)
The Commission heard from the Mayor of Windsor that Windsor has requested the Province reimburse their costs, including the costs of these barriers, but has not received a response. Do you have any information as to whether or not the Province will be reimbursing Windsor’s costs?
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Jennifer L. King, Counsel (Win)
Okay. And if -- further down, in the next paragraph, Mr. Raynar writes: “In terms of the intergovernmental planning table proposal, there’s no interest at this time, given the ongoing situation in Ottawa.” I won’t take it to you, but the Commissioner heard on Monday from Mayor Dilkens, who testified that he sent a letter in March requesting that all levels of government sit down to discuss working together to protect important international border crossings. It’s my understanding that there’s been no response from the Province to this request. Are you aware of any response to Windsor’s request?
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Jennifer L. King, Counsel (Win)
Okay. Do you know if the Ministry of Transportation is planning to meet with appropriate agencies at all levels of government to discuss protecting critical border crossings in Ontario such as the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay. So you don’t know if the Municipality of Windsor was consulted on that legislation?
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Jennifer L. King, Counsel (Win)
Okay. I only have a few questions left for you. Do you know if the Ministry has an emergency plan pursuant to the Ontario Emergency Management and Civil Protection Act?
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Jennifer L. King, Counsel (Win)
Which Assistant Deputy Minister at the Ministry of Transportation is responsible for that emergency plan?
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Jennifer L. King, Counsel (Win)
Okay. And what’s his title?
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Jennifer L. King, Counsel (Win)
Okay. Do you know if the Ministry’s emergency plan addresses threats to critical transportation infrastructure like the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay. Thank you very much. Those are my questions.
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Jennifer L. King, Counsel (Win)
Good evening, Mr. Di Tommaso.
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Jennifer L. King, Counsel (Win)
My name is Jennifer King. I am Counsel to the City of Windsor.
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Jennifer L. King, Counsel (Win)
Hello. Mayor Dilkens of the City of Windsor testified on Monday that he had at least one conversation with the Solicitor General during the blockade of the Ambassador Bridge. Were you present during these calls?
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Jennifer L. King, Counsel (Win)
Were you aware of these calls?
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Jennifer L. King, Counsel (Win)
Okay. What did the Solicitor General or her office do in response to her call or calls with Mayor Dilkens?
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Jennifer L. King, Counsel (Win)
Well, were you aware of the nature of the conversation?
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Jennifer L. King, Counsel (Win)
Okay. I'll just move on. You testified that you consulted with Commissioner Carrique on the Emergency Declaration and measures; correct?
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Jennifer L. King, Counsel (Win)
Did you consult with Windsor or the Windsor Police Service to determine what tools they may need to more effectively resolve issues in Windsor?
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Jennifer L. King, Counsel (Win)
Okay. You agree that the blockade of the bridge, the Ambassador Bridge, impacted people's livelihoods not only in Windsor-Essex Region but also throughout the province of Ontario?
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Jennifer L. King, Counsel (Win)
You acknowledge in your testimony today that the impact of the Ambassador Bridge blockade on the economy of Canada and Ontario was apparent; right?
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Jennifer L. King, Counsel (Win)
Yes. And it was apparent how important the crossing is to Canada and Ontario?
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Jennifer L. King, Counsel (Win)
So you would agree with me then that the provincial, federal, and of course, Windsor's efforts and resources expended to clear the blockade and protect the bridge from the return of a blockade benefitted the entire province?
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Jennifer L. King, Counsel (Win)
Earlier this evening you talked about the importance of a coordinated response at all levels of government; right?
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Jennifer L. King, Counsel (Win)
I'm not going to bring up the letter in the interest of time and the time of day, but there is a letter from Mayor Dilkens of Windsor to the Solicitor General, Minister Mendocino and Minister Blair. Are you aware of that letter from March?
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Jennifer L. King, Counsel (Win)
Well, then I will ask the Clerk to bring it up. It's WIN00002240. So as I said, this is a letter in March that is to the Solicitor General and others, and I take it you were not aware of the letter?
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Jennifer L. King, Counsel (Win)
It was not raised to your attention?
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Jennifer L. King, Counsel (Win)
Okay. And if you could just go to the second page, please? You'll see here, the second full paragraph, last sentence, Mayor Dilken writes that it is apparent for, "...the need for broader collaboration and support from Provincial and Federal governments to bolster the safety and security of our borders appears obvious." Would you agree with Mayor Dilkens?
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Jennifer L. King, Counsel (Win)
Mayor Dilkens goes on to request a meeting to debrief emergency regulatory obligations regarding the Ambassador Bridge. Did you discuss the Mayor's request for a meeting at the time with the Solicitor General?
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Jennifer L. King, Counsel (Win)
Okay. The Mayor has testified that he did not receive a response to this letter. Can you tell me now, is the Minister of the Solicitor General willing to meet with Windsor, other Ministries at the provincial level and federal representatives to discuss long-term needs and planning to protect Windsor's international crossings?
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Jennifer L. King, Counsel (Win)
Okay. As of February 2022, emergency management was your responsibility as part of the Public Safety Division of Community Safety ---
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Jennifer L. King, Counsel (Win)
February of this year.
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Jennifer L. King, Counsel (Win)
And you were the Commissioner of Emergency Management?
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Jennifer L. King, Counsel (Win)
And you'll agree that Ontario, like all jurisdictions in Canada, uses a bottom-up approach to emergency management; correct?
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Jennifer L. King, Counsel (Win)
Bottom-up approach.
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Jennifer L. King, Counsel (Win)
Okay. This means that municipalities are generally responsible for managing most emergencies; correct?
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Jennifer L. King, Counsel (Win)
Local authorities are the front lines of emergency response?
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Jennifer L. King, Counsel (Win)
The EMCPA requires that each municipality prepare and adopt its own emergency response plan; correct?
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Jennifer L. King, Counsel (Win)
And in your experience, I take it, the province does not typically critique or override these plans?
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Jennifer L. King, Counsel (Win)
But it is the municipality that adopts those plans; correct?
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Jennifer L. King, Counsel (Win)
And by Order in Council, you're aware that Ontario has assigned a number of Ministries and their Minister's responsibility for preparing emergency management plans and programs for specific types of emergencies?
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Jennifer L. King, Counsel (Win)
Are you aware, is there an emergency plan or program at the provincial level targeted at the prevention, mitigation, preparedness, response and recovery of emergencies related to critical infrastructure like the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Are you aware if any of those plans address threats to critical infrastructure like at the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay. Which Ministry would be responsible for such a plan?
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Jennifer L. King, Counsel (Win)
Okay. And the Minister of the Solicitor General is responsible to coordinate the overall provincial emergency response?
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Jennifer L. King, Counsel (Win)
That's been transferred to the Treasury Board as well?
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Jennifer L. King, Counsel (Win)
As of February 2022, it was your Ministry's responsibility?
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Jennifer L. King, Counsel (Win)
Are you aware, has the Order in Council assigning responsibility been updated?
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Jennifer L. King, Counsel (Win)
So turning briefly back to municipal emergencies, will you agree with me that the PEOC does not send someone to manage municipal emergencies alongside the municipality?
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Jennifer L. King, Counsel (Win)
Yes.
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Jennifer L. King, Counsel (Win)
So this is a field officer who liaises with the community; correct?
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Jennifer L. King, Counsel (Win)
Correct. And but the management of the emergency is left to the emergency management experts and trained emergency responders in the municipality?
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Jennifer L. King, Counsel (Win)
And it's your understanding that advice was provided by the field officer of EMO to Windsor?
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Jennifer L. King, Counsel (Win)
It is my understanding that the Chief Laforet, the CEMC for the Municipality of Windsor, provided information to the field officers throughout this protest?
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Jennifer L. King, Counsel (Win)
Okay. All right. So we've heard about the -- at the municipal level, the roles of municipal emergency management in these protests earlier in the hearing. At the provincial level, you'll agree with me that the Solicitor General was the lead Ministry for Ontario's response?
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Jennifer L. King, Counsel (Win)
And will you agree with me that the Solicitor General's office did not communicate to municipalities that the Solicitor General was the lead Ministry?
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Jennifer L. King, Counsel (Win)
Okay. We've heard that other Ministries had a role in the emergency response, including MTO?
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Jennifer L. King, Counsel (Win)
And MMAH?
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Jennifer L. King, Counsel (Win)
Well, it was the Solicitor General's office's role to coordinate the Ministry's response?
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Jennifer L. King, Counsel (Win)
Okay. Did your Ministry circulate to municipalities through EMO or PEOC or otherwise, the roles and responsibilities of the different Ministries engaged in the emergency response?
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Jennifer L. King, Counsel (Win)
Other than collecting and sharing these daily consolidated situation reports that we've been referring to, did Emergency Management Ontario or PEOC have any other role during the protest in February?
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Jennifer L. King, Counsel (Win)
Are you aware that any municipalities asked for advice from these provincial experts?
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Jennifer L. King, Counsel (Win)
Okay. Did you have any conversations with the field officers yourself who were assigned to Windsor?
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Jennifer L. King, Counsel (Win)
Okay. Thank you. You had told the Commissioner that as of February 11th, the PEOC was put in full activation mode; correct?
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Jennifer L. King, Counsel (Win)
Is it possible that prior to February 11th, the PEOC was in enhanced monitoring mode but for COVID-19 and not the protests?
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Jennifer L. King, Counsel (Win)
Okay. And are you aware that there have been amendments to the Emergency Management and Civil Protection Act?
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Jennifer L. King, Counsel (Win)
And they received royal assent in April this year?
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Jennifer L. King, Counsel (Win)
Were you consulted on these amendments?
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Jennifer L. King, Counsel (Win)
And are you aware, was there any consultation with municipalities in preparing the amendments to the EMCPA?
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Jennifer L. King, Counsel (Win)
Okay. There's a number of new sections to the Act?
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Jennifer L. King, Counsel (Win)
Yes, and one of them requires the Solicitor General to develop a written framework for accountability and governance during emergencies?
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Jennifer L. King, Counsel (Win)
And that written framework has to be made available to the public?
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Jennifer L. King, Counsel (Win)
No such framework was prepared or publicised prior to the protests earlier this year?
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Jennifer L. King, Counsel (Win)
Understood, but there wasn't a framework that was available publicly?
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Jennifer L. King, Counsel (Win)
Okay. I am aware of that document. Thank you very much. Those are my questions.
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Jennifer L. King, Counsel (Win)
Good afternoon. Can everyone see me?
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Jennifer L. King, Counsel (Win)
Hi. Good afternoon, Mr. Stewart and Mr. Rochon. My name is Jennifer King. I am Counsel to the City of Windsor. I have some questions for you about emergency management of critical infrastructure in Canada. Will you agree with me that local authorities play a central role in emergency management in Canada?
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Jennifer L. King, Counsel (Win)
You are familiar with the current emergency framework for Canada third edition?
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Jennifer L. King, Counsel (Win)
And that can be found at WIN00002230. So, Mr. Stewart, I can't see who's responding, but this is Public Safety's Key Policy Framework for Federal Provincial Territorial Coordination with respect to emergency management in Canada; correct?
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Jennifer L. King, Counsel (Win)
And you'll agree with me that the framework does not directly engage with municipalities?
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Jennifer L. King, Counsel (Win)
Okay. And the framework relies on provinces and territories to engage with local authorities?
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Jennifer L. King, Counsel (Win)
The approach outlined in the framework provides for a scaling up where the provincial and federal governments step in only when local capacity is exceeded; correct?
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Jennifer L. King, Counsel (Win)
And you'll agree with me that this approach requires excellent multi-level coordination?
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Jennifer L. King, Counsel (Win)
Would you agree then to ensure effective coordination on the ground, municipalities and other local first responders should be directly engaged in Canada's framework?
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Jennifer L. King, Counsel (Win)
Okay. Well, there are coordination instruments that are referenced in the framework, and, Mr. Rochon, I think you referred to a National Strategy for Critical Infrastructure this morning?
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Jennifer L. King, Counsel (Win)
And the intention for this is to provide for, intended to kind of create an approach between the federal, provincial and territorial governments to emergency management with respect to critical infrastructure; correct?
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Jennifer L. King, Counsel (Win)
Okay. And all levels of government including municipal?
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Jennifer L. King, Counsel (Win)
You would agree that the Ambassador Bridge in Windsor is critical infrastructure within the meaning of this National Strategy?
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Jennifer L. King, Counsel (Win)
And it doesn't address the role of the different ministries and levels of government to support a police-led response?
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Jennifer L. King, Counsel (Win)
Okay. Well ---
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Jennifer L. King, Counsel (Win)
So you're saying that the National Strategy for Critical Infrastructure is not intended to address the type of protest that we saw in February?
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Jennifer L. King, Counsel (Win)
Okay. Well, I think I'm running up on my time, and if I could just have one or two more minutes, I have a few questions to wrap up. I just wanted to -- and perhaps I won't take you to the document but are you aware - --
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Jennifer L. King, Counsel (Win)
Thank you, Commissioner. Are you aware that Mayor Dilkens of Windsor wrote to Minister Mendocino, Minister Blair and the Ontario Solicitor General in March indicating the need for broader collaboration in support from provincial and federal governments to bolster the safety and security of our borders?
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Jennifer L. King, Counsel (Win)
Okay. Well, I won't -- I don't have the time to show it to you, but I will say that Mayor Dilkens in his testimony did indicate that he went on to request a meeting to debrief emergency regulatory obligations regarding the Ambassador Bridge. Did you discuss this request to meet with Minister Mendocino or Minister Blair?
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Jennifer L. King, Counsel (Win)
Okay. Would you recommend that the Ministers meet with Windsor provincial and federal representatives to discuss long-term needs and planning to protect Windsor's international crossings?
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Jennifer L. King, Counsel (Win)
Okay. I think that's all my time. Thank you very much, Commissioner.
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Jennifer L. King, Counsel (Win)
Good evening. My name is Jennifer King. I'm legal counsel to the City of Windsor. Our questions have already been canvassed. We have no further questions. Thank you.
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Jennifer L. King, Counsel (Win)
Good morning, Mr. Ossowski. Am I pronouncing your name correctly?
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Jennifer L. King, Counsel (Win)
Okay. My name if Jennifer King. I’m legal counsel to the City of Windsor. The Ambassador Bridge proper and the structures housing the CBSA around the bridge are privately owned by the Canadian subsidiary of the Detroit International Bridge Company; correct?
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Jennifer L. King, Counsel (Win)
And the Canadian subsidiary is the Canadian Transit Company; correct?
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Jennifer L. King, Counsel (Win)
Does the Canadian Transit Company own the land around the bridge infrastructure and the structures housing the CBSA?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
Are there any other international border crossings managed by the CBSA that are owned and operated by a private corporation?
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Jennifer L. King, Counsel (Win)
Okay. I take it, Mr. Ossowski, that you are familiar with Windsor and the location of the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
The Ambassador Bridge sits at one end of a municipal roadway, Huron Church Road; correct?
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Jennifer L. King, Counsel (Win)
And that road about three kilometres or so from the provincial highway?
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Jennifer L. King, Counsel (Win)
So truck drivers have to contend, Mayor Dilkens testified, six or seven local intersections with traffic as they move along Huron Church Road to and from the bridge?
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Jennifer L. King, Counsel (Win)
Is this unique, in particular, with respect to points of entry geared towards commercial conveyances?
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Jennifer L. King, Counsel (Win)
Okay. And the road is surrounded by residential areas on both sides, educational institutions, and businesses?
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Jennifer L. King, Counsel (Win)
The University of Windsor is right beside the bridge and the CBSA facilities; correct?
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Jennifer L. King, Counsel (Win)
And you’ll agree that Huron Church bisects the city, so serving as an assess point between the east and west sides of Windsor?
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Jennifer L. King, Counsel (Win)
And are you aware that the route under the bridge along Huron Church is an important route connecting West Windsor to downtown?
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Jennifer L. King, Counsel (Win)
Okay. So the thousands of trucks that cross the border every day share Huron Church Road with local Windsor residents?
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Jennifer L. King, Counsel (Win)
Mayor Dilkens of Windsor testified last week in response to a question from Commission counsel who asked whether or not there was any discussion about trying to prevent the blockade, and Mayor Dilkens testified that because of the distance between the Ambassador Bridge and the highway, and the number of businesses, homes, hotels, and schools that require direct access to Huron Church Road, he said that it would be, for all intents and purposes, practically impossible to guarantee with any certainty that you could provide a route for trucks without having huge disruption to the community. Would you agree with Mayor Dilkens?
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Jennifer L. King, Counsel (Win)
Okay. Well, if I can just ask -- I wanted to ask you few questions about that. If Mr. Clerk could please pull up SSM.NSC.CAN00000340_REL.0001. Mr. Ossowski, I’m not sure if we’ve discussed this document yet today. I’m not sure if I missed that. Have you been asked any questions about this document yet this morning?
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Jennifer L. King, Counsel (Win)
Okay. Can you tell us what this is?
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Jennifer L. King, Counsel (Win)
Okay. So these are the February 16th date. It would have been around February 16th and certainly after the invocation of the Emergencies Act?
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Jennifer L. King, Counsel (Win)
Okay. If you could just go to the last bullet on the first page, please. And you’ll see here that the last bullet discusses -- or states that: "Since the reopening of the bridge, we have not seen any service disruptions or border wait time, which is good news. Law enforcement partners are maintaining a strong presence in the area with police erecting concrete barriers along the length of Huron Church between the Ambassador Bridge and EC Row." (As read). And so that was what you were referring to?
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Jennifer L. King, Counsel (Win)
All right. If you could please scroll to page 3, Mr. Clerk, and the heading “Temporary POE and Trade Corridor Hardening”. The second bullet, you’ll see that the CBSA: "…identified 22 high-risk POEs that, if impeded, would continue to exacerbate the fragile international trade chain." And the Ambassador Bridge was one of those 22 high-risk POEs?
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Jennifer L. King, Counsel (Win)
Now, the CBSA collaborated with police agencies of jurisdiction and provincial and municipal officials to ensure the integrity of these essential transportation routes; correct?
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Jennifer L. King, Counsel (Win)
And in Windsor ---
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Jennifer L. King, Counsel (Win)
Just the port of entry.
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Jennifer L. King, Counsel (Win)
So in Windsor, the police of jurisdiction would be the Windsor Police?
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Jennifer L. King, Counsel (Win)
And the municipal official obviously would be the City of Windsor?
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Jennifer L. King, Counsel (Win)
Are you aware that this temporary hardening had a significant impact on the community around the bridge and Huron Church Road?
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Jennifer L. King, Counsel (Win)
Okay. I have a few questions about -- just to clarify the impact of border blockades on other border crossings. Mr. Clerk, you can take down that document. So the CBSA Ambassador Bridge Operations is also responsible for the Windsor Truck Ferry; right?
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Jennifer L. King, Counsel (Win)
Yes.
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Jennifer L. King, Counsel (Win)
Okay. Well, then, perhaps I won’t ask you any questions about it. I’ll note that the CBSA produced an Ambassador Bridge profile. I won’t bring in up if you’re not familiar with it but the profile, for the record, is at PB.NSC.CAN00009539_REL. And that profile, Mr. Ossowski, states that the CBSA Ambassador Bridge Operations is responsible for the Windsor Truck Ferry, and I wanted to ask you whether or not there was any impact on the truck ferry operations.
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Jennifer L. King, Counsel (Win)
Okay. You spoke this morning about the impact of the Ambassador Bridge blockade and the Blue Water Bridge and some of the other bridges. Did the slow rolls and blockades of other border crossings like Blue Water impact traffic at the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
I understand this morning you stated that the Blue Water Bridge -- the blockade of the Blue Water Bridge started around -- was it the 6th of February?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
And at that time, were there slow rolls also at the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay. But certainly, slow rolls and blockades of any of the bridges in Southern Ontario will impact the use of the neighbouring bridges?
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Jennifer L. King, Counsel (Win)
Okay. I have a few questions just to clarify the CBSA’s authorities at and near ports of entry.
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Jennifer L. King, Counsel (Win)
This morning, you testified that the CBSA has limited authority to arrest within the port of entry. You’re Institutional Report confirms that the CBSA does have arrest authorities when conducting their duties at a port of authority.
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Jennifer L. King, Counsel (Win)
CBSA officers, do they have the authority to arrest under the Criminal Code?
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Jennifer L. King, Counsel (Win)
Okay. So they don’t have the authority to enforce, for example, a breach of a court order under the Criminal Code?
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Jennifer L. King, Counsel (Win)
So if we could look at SSM.NSC.CAN0000340_Rel.0001? This is back to your briefing material. And if you could go to page 5, please? This seems to be an attachment to your speaking notes, Mr. Ossowski, entitled “Emergencies Act - CBSA Actions”. Are you -- do you recognize this document?
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Jennifer L. King, Counsel (Win)
Okay. If you can just go to page 6 in the second last bullet please, Mr. Clerk? And you’ll see here, it states: “CBSA officers are not designated to enforce the criminal arrest provisions of the Emergencies Act and cannot directly engage in enforcement operations at prohibited public assemblies.” Do you see that?
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Jennifer L. King, Counsel (Win)
And that’s your understanding?
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Jennifer L. King, Counsel (Win)
Okay. And then the last sentence states that: “…CBSA officers are advised to immediately contact their Regional Intelligence Officer who may share information the appropriate law enforcement agency in accordance with disclosure requirements.” And I missed the first part of that sentence, but it’s in circumstances where an officer encounters an offence under the EA regulations?
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Jennifer L. King, Counsel (Win)
Okay. So if a prohibited public assembly happened even within the port of entry, you would still rely on the police of jurisdiction to enforce?
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Jennifer L. King, Counsel (Win)
Okay. And certainly outside of the port of authority in Windsor, you relied on Windsor Police Services to address the blockade because that blockade happened at a municipal intersection; correct?
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Jennifer L. King, Counsel (Win)
You embedded CBSA’s District Director in charge of Windsor, Mr. Joe McMahon, in command -- at the Command Centre that WPS set up near the Ambassador Bridge; right?
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Jennifer L. King, Counsel (Win)
Were you aware that the Command Centre was located in the City’s Emergency Operation Centre?
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Jennifer L. King, Counsel (Win)
Okay. Was it your understanding that there was some disagreement between the Province of Ontario and the Federal Government over which level of government had the jurisdiction and authority to respond to the blockade at the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay. If we could bring up SSM.CAN00000374_Rel.0001? This is an email that Nathalie Drouin sent to you on February the 10th. Who is Nathalie Drouin?
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Jennifer L. King, Counsel (Win)
Okay. If you could scroll all the way to the end of the email chain, Mr. Clerk? And you’ll see here the email from Nathalie Drouin to yourself and some others.
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Jennifer L. King, Counsel (Win)
Okay. And so she’s asking whether or not we can: “…declare the region of the Ambassador bridge a trade corridor and then get jurisdiction?” Do you see that?
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Jennifer L. King, Counsel (Win)
So if you can scroll up, Mr. Clerk? We’ll see that, Mr. Ossowski, you sent this question to Michael Keenan of Transport Canada?
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Jennifer L. King, Counsel (Win)
And if you continue to scroll up, we’ll see his answer. Do you recognize this email?
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Jennifer L. King, Counsel (Win)
Yes. And I won’t go through the entire response, but I will -- but this email references that the Ontario Minister of Transportation was continuing to suggest that the Federal Government had full authority to manage international crossings. And Mr. Keenan responds that: “…this purposefully confuses authorities between governments.” Do you recall that?
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Jennifer L. King, Counsel (Win)
Okay. And Mr. Keenan refers to the federal authorities under the Customs Act and the International Bridges and Tunnels Act, but concludes that these Acts don’t: “….directly bring any authorities to bear on the blockade…” Right?
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Jennifer L. King, Counsel (Win)
Okay. And do you agree with Michael Keenan’s email?
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Jennifer L. King, Counsel (Win)
All right. Thank you, Mr. Clerk. Mr. Ossowski, you understand that Windsor and other municipalities were challenged in terms of their capacity to respond to these protests, in terms of the availability of local policing and other resources, such as in Windsor’s case, jersey barriers?
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Jennifer L. King, Counsel (Win)
Would you agree that bolstering local capacity and resources is necessary to mitigate the risk of major impacts on the operation of the federal border crossings in the future?
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Jennifer L. King, Counsel (Win)
Thank you. Would you agree that the blockades revealed a mismatch between jurisdictional authorities and responsibilities?
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Jennifer L. King, Counsel (Win)
Okay. Mr. Commissioner, I know I’m at the end of my time. I just have a couple more questions.
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Jennifer L. King, Counsel (Win)
Thank you. Mr. Ossowski, Mayor Dilkens of Windsor, we’ve heard that he wrote to the Ontario and Federal Governments in March earlier this year and he stated that following the blockades, the need for broader collaboration and support, and I think in this case he meant of local authorities, from Provincial and Federal Governments to bolster the safety and security of our borders appears obvious. Do you agree with Mayor Dilkens?
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Jennifer L. King, Counsel (Win)
Okay. And given the particular jurisdictional issues surrounding international bridges, like those in Windsor, and the evidence that you’ve already given, would you agree that a specific plan should be developed by all three levels of government for international border crossings?
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Jennifer L. King, Counsel (Win)
Okay. And my final question, Mr. Ossowski, and thank you, Mr. Commissioner, for this indulgence, would you agree then that coordination across all three levels of government, including the coordination of responsibilities and responsibility for costs should be part of that plan?
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Jennifer L. King, Counsel (Win)
Thank you. Those are my questions.
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Jennifer L. King, Counsel (Win)
Good evening. My name is Jennifer King. I’m legal counsel to the City of Windsor. I have -- my questions will be directed at Deputy Minister Keenan. I’d like to start by clarifying the comment you made at the end of Commission Counsel’s questioning. I believe that you stated that the Federal Government has broad federal authority at the port of entry, but as you move off of the Ambassador Bridge, you move from a broad federal toolset to municipal bylaws? Did I get that right?
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Jennifer L. King, Counsel (Win)
Okay. And that’s what I wanted to clarify. Did you listen to Mr. Ossowski’s testimony earlier today?
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Jennifer L. King, Counsel (Win)
We reviewed a CBSA document and Mr. Ossowski confirmed that CBSA officers are not designated to enforce criminal arrest provisions and cannot directly engage in enforcement operations at prohibited public assemblies, even if they’re on the bridge. Do you agree?
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Jennifer L. King, Counsel (Win)
Okay. And he also confirmed that if any protest activity occurred on the Ambassador Bridge property, the CBSA would rely on the police of jurisdiction to respond. And again, you defer to him?
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Jennifer L. King, Counsel (Win)
Okay. Would you agree ---
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Jennifer L. King, Counsel (Win)
Thank you for that clarification. Would you agree that the protests revealed an issue with coordination and collaboration among all three levels of government with respect to their respective authorities and responsibilities related to border infrastructure?
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Jennifer L. King, Counsel (Win)
And it revealed an issue with ensuring that sufficient resources are in the hands of the local first responders responding to this unprecedented event on the ground?
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Jennifer L. King, Counsel (Win)
Okay. I have a few questions about the Strategic Enforcement Strategy. This strategy recognized that given the complexity of the occupations and blockades, safe resolution requires three levels of government to collaborate; right?
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Jennifer L. King, Counsel (Win)
Okay. And you described earlier to Commission Counsel the process that went into developing this draft as involving extensive discussions and consultations with federal and provincial partners. Did you consult with municipalities?
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Jennifer L. King, Counsel (Win)
Are you aware of whether your provincial colleagues reached out to their municipal partners and asked for input?
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Jennifer L. King, Counsel (Win)
Okay. Was the strategy shared with Windsor after it was finalized on or about February 13th?
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Jennifer L. King, Counsel (Win)
Well the strategy refers to communication and communication that should be coming from municipalities. Did you ask your provincial partners to share the strategy with the City of Windsor?
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Jennifer L. King, Counsel (Win)
Okay. I haven’t seen any evidence that this was shared with the City after it was finalized. Mr. Keenan, can you help clarify for me which Federal Ministry is responsible for Emergency Management with respect to critical infrastructure like the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
Right. So does Transport Canada have a plan for prevention, mitigation, response, and recovery with respect to the Ambassador Bridge and other border infrastructure?
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Jennifer L. King, Counsel (Win)
Okay. Well that was going to be my last question. I noticed in your witness summary that you conclude by recommending that a national legislative regime that can be used to protect critical trade and transportation infrastructure on an ongoing basis may be desirable. And do you maintain this recommendation?
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Jennifer L. King, Counsel (Win)
Okay. And so in addition to an authorities gap, would you also agree with me that in addition to a national legislative regime, a specific emergency management plan should be developed by all three levels of government for international border crossings?
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Jennifer L. King, Counsel (Win)
And just to inject into this too, the Commission and the Commissioner has been hearing that, you know, Windsor isn’t just a pathway to the bridge, it’s a community, and in particular, the area around the bridge and Huron Church Road, Huron Church Road is a municipal road, is a community of business and schools, the University of Windsor. And so would you agree with Windsor that this planning has to include collaboration with the local governments and authorities who are also protecting the community around that infrastructure?
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Jennifer L. King, Counsel (Win)
Thank you very much. Those are my questions.
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Jennifer L. King, Counsel (Win)
Thank you, Mr. Commissioner. Hopefully, we can have those extra two or three minutes. Good evening. My name is Jennifer King. I am legal counsel to the City of Windsor. I would like to start with the issue of the line between a lawful and unlawful protest. And if Mr. Clerk could please bring up WIN00000511? This is the February 11th injunction order granted in Windsor. You were aware of this order at the time?
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Jennifer L. King, Counsel (Win)
Okay. If you could please scroll to the bottom of page 2, paragraph 4? And here, the court ordered that: "The Defendants and any persons having notice of this order are hereby restrained and enjoined from impeding or blocking access to the Ambassador Bridge and indirect or direct- approaching roadways and access points for 10 days from the date of this order." So you'll agree with me that -- sorry, this order was made effective February 11th, 7:00 p.m., Ms. Thomas. So when the order became effective, any person having notice of this order who continued to impede or block access to the bridge would contravene the order, right?
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Jennifer L. King, Counsel (Win)
And disobeying a court order, you're aware that that is contrary to the Criminal Code, section 127?
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Jennifer L. King, Counsel (Win)
Okay. And you're aware that protesters continued to impede and block access to the bridge after 7:00 p.m. on February 11th?
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Jennifer L. King, Counsel (Win)
Does this inform your assessment of whether the Ambassador Bridge blockade was lawful protest, at least after this order became effective?
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Jennifer L. King, Counsel (Win)
Okay. Mr. Clerk, could you please bring up PB.CAN00001661? I understand from your witness summary that you spoke with the U.S. Homeland Security Advisor on February 9th and 10th?
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Jennifer L. King, Counsel (Win)
Is that right? Okay.
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Jennifer L. King, Counsel (Win)
So this is an email from Martin Loken. Who's Martin Loken?
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Jennifer L. King, Counsel (Win)
So it appears ---
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Jennifer L. King, Counsel (Win)
Thank you. So it appears that Mr. Loken sent this email to you before one of these calls with the U.S. Homeland Security Advisor. Do you recall this email?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
And you'll see partway through the page there's -- he suggests some additional messaging. And I'll just take you to the third bullet. And he says: "Critical that CBSA and CPB work together with the relevant police of jurisdiction to ensure traffic keeps moving." Do you agree with that message and convey that message to the U.S. Homeland Security Advisor at the time?
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Jennifer L. King, Counsel (Win)
Okay. And then continuing on that bullet: "Recognize that international crossings are national security issue." Do you understand what Mr. Loken meant here?
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Jennifer L. King, Counsel (Win)
And you agree with that assessment?
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Jennifer L. King, Counsel (Win)
Is that something you conveyed to the U.S. Homeland Security Advisor at the time?
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Jennifer L. King, Counsel (Win)
And you both agreed that it was a national security issue?
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Jennifer L. King, Counsel (Win)
Thank you. I'm showing you a lot of documents, and hopefully I'll get through it quickly. So if you could please pull up SSM.CAN -- I'm not sure if I've got this right -- it's 00002694, Mr. Clerk. What I want to show you is that the next day on February 11th, you participated in an opposition leaders' briefing. Do you recall that?
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Jennifer L. King, Counsel (Win)
So that’s not it. Oh no, there it is. Yes, it is. Thank you, Mr. Clerk. So if you could just go to page 2 in the middle of the page? You gave an update on the Ambassador Bridge blockade. Do you recall that?
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Jennifer L. King, Counsel (Win)
A little bit further down, Mr. Clerk. You’ll see it says “ON” there. Okay. So you state there: “All 3 levels working together on this…” Are you referring to three levels of government there?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
But that’s what you said? That all three levels of government were working together on the issue of the Ambassador Bridge?
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Jennifer L. King, Counsel (Win)
Okay. And if you continue on in that paragraph: “Working with US federal, state, municipal, communication is good. So it’s your understanding that the Federal Government was getting the information that it required from Windsor?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
Okay. And Mr. Clerk, if you could scroll down to just under the redactions on that page? So at the bottom of the page. So you’re referring to questions about jurisdiction being constant here, but this was not a question, or concern, or an issue at the operational level, at least in Windsor. Are you aware -- would you agree that any questions about jurisdictional issues did not impact the operational response of the police and local authorities on the ground in Windsor?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
As far as you’re aware, there was no delay or operational issues with the response due to these questions that arose?
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Jennifer L. King, Counsel (Win)
Okay. I think this will probably be my final question. So in your witness summary, you state that: “The primary goal of the decision to invoke the Act was to provide local and provincial police forces with additional policing authorities that would allow them to manage copy cat protests and blockades in their jurisdictions.” (As read) Are you aware of any consultation with the local police forces and municipalities with respect to the authorities required to manage the protests and blockades in their jurisdictions?
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Jennifer L. King, Counsel (Win)
Well would you agree with me that it would have been useful to consult with the police, including police of jurisdiction and local authorities, to get information about what would be useful on the ground?
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Jennifer L. King, Counsel (Win)
Thank you. Those are my questions. And thank you for the indulgence, Commissioner.
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Jennifer L. King, Counsel (Win)
Good morning. I had to check the time to see if was still a morning. Good morning, Ms. Bogden and Mr. Hutchinson. My name is Jennifer King. I’m legal counsel to the City of Windsor. I may take a little bit more than five minutes, but I understand that Windsor Police Service has provided their time to the City, and it might not take the full 10 minutes, but we’ll see. So I thank my friend. And Commission, is that -- are you content with that?
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Jennifer L. King, Counsel (Win)
Thank you. All right. So Mr. Hutchinson, at page 12 of your witness summary, you stated that even when the blockade was cleared in Windsor, police resources were required to hold it open, or something to that effect. Do you recall that?
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Jennifer L. King, Counsel (Win)
And were you aware at the time that there were police plans to harden the route to the bridge and those plans were in place on February the 13th at the same time as the bridge was being cleared?
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Jennifer L. King, Counsel (Win)
Okay. And you’ve discussed today that there’s a risk that the protestors would reassert a presence on the roadways.
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Jennifer L. King, Counsel (Win)
Right. So I’d ask Mr. Clerk to please pull up WIN0000932. Mr. Hutchinson, you are aware that the injunction respecting the Ambassador Bridge that was granted by the Chief Justice of the Superior Court on February the 11th was continued on February 18th.
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Jennifer L. King, Counsel (Win)
Okay. I’ll note that there is a note of this in IRG meeting minutes from February the 18th. I won’t bring it up, but I’ll just note that for you, if that assists your recollection. Okay. So these are the Chief Justice’s reasons. And Mr. Clerk, if you could go to page 8, please, paragraph 47. And you’ll see here that the Chief Justice heard evidence and made findings with respect to the efforts to hold the bridge open and the risk that the blockade would be re- established. And I do want to take some time to take a look at the Chief Justice’s findings here. So the Chief Justice found that: “…the City has established a strong prima facie case, on a balance of probabilities, that the protesters have breached multiple municipal by-laws and that there is a risk they will continue to do so based on the following uncontroverted evidence:…” And you’ll see -- I won’t read it all out, but you will see that there’s a number of subpoints here, but the Chief Justice found that: ”…the protestors continued to breach multiple municipal by-laws, as [was] evidenced by multiple tickets issued for by-law infractions…” He found that: “There is evidence of the protesters’ expressed intent to continue their blockade despite the February 11 Order.” Found that” “There [was] evidence that the protesters plan to continue to protest on roadways approaching the Bridge.” And cites some evidence that the police provided, the Windsor Police provided, who were monitoring social media: “…including messages of ‘it’s not over,’ ‘we are not done’ and ‘Civil war time.” And: “As a result of the continued threat of a new blockade, police continue[d] to control traffic flow onto Huron Church Road [which we’ve heard is a municipal roadway] to protect access to the Bridge.” So the Chief Justice made these findings and found that: “The evidence clearly establishe[d] that […] the protestors chose to ignore [the Order] and continue[d] to impede and obstruct access to the Bridge [after the Order was granted].” So were you aware of these findings at the time?
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Jennifer L. King, Counsel (Win)
Okay. Well just I wanted to show that the Chief Justice of the Superior Court of Ontario made these findings on February 18th, when he decided to continue the injunction permanently in Windsor. We’ve also been having some discussion during this hearing about the distinction between lawful and unlawful protests, and I just wanted to show you page 10, paragraph 59. And you’ll see here the Chief Justice refers to the rule of law and states that: “The rule of law requires that everyone obey the law. Significant, organized, deliberate and persistent defiance of the law and court orders is a serious threat to the rule of law which is one of the foundations of a functioning democracy. The protesters are obliged, as is every Canadian citizen, to follow the law and not breach municipal by-laws or court orders that prohibit unlawful conduct…” So, you know, I wanted to -- I’m not sure if you have any comments on that, or if you were asked any questions about the distinction between lawful and unlawful protests, but again, the Chief Justice did make findings that the protests were unlawful in Windsor.
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Jennifer L. King, Counsel (Win)
Thank you. So I do have some questions, at the end of your witness summary, you do make some recommendations, or you point out gaps in the legislation and recommend that critical infrastructure protection legislation will require collaboration across federal, provincial, municipal, and private sectors. Do you recall that?
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Jennifer L. King, Counsel (Win)
Okay. Do you have anything further that you could add to that? I know that we’ve talked about perhaps some gaps in the legislation. You know, we’ve been asking some questions about the need for emergency management and planning. Is that something that you would also recommend? Some changes or updates to emergency planning?
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Jennifer L. King, Counsel (Win)
Thank you for that. I think, you know, as representing the City of Windsor, I think we’ve seen, and if you’ll agree with me, that these protests in January and February have also emphasized the need for collaboration with the local authorities and the first responders who are responding to these on the ground. And as you’re aware, municipalities respond to the vast majority of emergencies in Canada. Would you agree with me that it’s important to have the local level engaged in this planning and any discussion around updating legislation and frameworks around emergency planning?
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Jennifer L. King, Counsel (Win)
Thank you. Those are my questions.
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Jennifer L. King, Counsel (Win)
Good evening. My name is Jennifer King. I am one of the legal counsel to the City of Windsor and in returning my friend's offer of time from earlier today, I'm going to cede my time to Windsor Police Services. Thank you.
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Jennifer L. King, Counsel (Win)
Good evening, Minister.
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Jennifer L. King, Counsel (Win)
My name is Jennifer King. I’m legal counsel to the City of Windsor. Minister Blair, I would like to start by confirming your views about the unlawfulness of the blockade in Windsor. Mr. Clerk, if you could please pull up PB.NSC.CAN.00002437? While this is coming up, can you confirm, Minister Blair, is it your opinion that the blockade in Windsor was unlawful from the outset? That is, when the protestors blockaded the bridge, access to the bridge, on February the 7th?
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Jennifer L. King, Counsel (Win)
Okay. So what I’m showing you is a transcript of a Media Availability that you held on February the 9th at 1:00 p.m. with Ministers Mendicino and Alghabra. Do you recall that Media Availability?
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Jennifer L. King, Counsel (Win)
Okay. So this was one on February the 9th. It’s the first Media Availability that I’ve been able to find, or statements that you made about the blockade at the Ambassador Bridge. My friends will let me know if there was an earlier one. Have you seen this transcript that’s on this screen? If you could just scroll down a little bit, Mr. Clerk?
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Jennifer L. King, Counsel (Win)
Okay. Well Mr. Clerk, if you could please scroll to the bottom of page 3? And you’ll see here, I think at page 3 of the PDF -- I apologize. I might not have the right spot. If you could scroll up please? All right. So I don’t seem to have the right spot, but instead of wasting time and scrolling through the transcript, I’m just going to read to you some of the parts of your transcript. So in the transcript, you state: “These blockades are unlawful […] [and] I would urge all of those who are engaging in this unlawful activity, think about the people you are truly hurting, and stop. Let me be very clear. The ambassador bridge is a vital artery to our country. And it’s a vital artery [to] our supply chain. It’s central to the functioning of our economy and to serving all Canadians.” Do you recall making those comments?
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Jennifer L. King, Counsel (Win)
And later in your remarks, you referred to the protestors’ “unlawful actions” blocking ports of entry, as: “…essentially putting their foot on the throat of all Canadians.” Do you recall that?
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Jennifer L. King, Counsel (Win)
And in your remarks, you also state that: “…the rule of law has to be upheld.” And Canada: “…will ensure [police] have the resources they need to uphold the law and keep the peace…” Right?
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Jennifer L. King, Counsel (Win)
Your opinions reflected in these remarks have not changed since February, have they?
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Jennifer L. King, Counsel (Win)
I take it you made these statements to national media to make it clear to the public and to the protestors that protesting by blockading ports of entry is unlawful; correct?
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Jennifer L. King, Counsel (Win)
And that the protestors should stop?
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Jennifer L. King, Counsel (Win)
Are you aware that the same day as this Media Availability, that it was widely reported by American and Canadian media that you and your fellow Ministers labeled the bridge blockade as illegal?
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Jennifer L. King, Counsel (Win)
Okay. But the protestors did not stop; did they?
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Jennifer L. King, Counsel (Win)
Okay. I have a few questions, Minister Blair, about planning around critical infrastructure. So will you agree with me that systems of support should be in place to support the communities and local authorities who are most often the first responders to emergencies?
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Jennifer L. King, Counsel (Win)
Minister Blair, are you aware that shortly after the successful police operation, Windsor representatives, including Mayor Dilkens, started asking all three levels of government to sit down and develop a long-term sustainable framework to protect the critical border infrastructure?
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Jennifer L. King, Counsel (Win)
Well, Minister, are you aware that Mayor Dilkens wrote to you directly on March the 17th?
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Jennifer L. King, Counsel (Win)
Okay. Well I will ask the Clerk to bring this up. This is WIN.00002240. So he sent you a letter on March the 17th. And just to summarize it for you, you can see it, but I don’t have very much time, Minister. He does ask for you and Minister Mendicino, and former Solicitor General jones to sit down, to debrief, and work together to protect Windsor’s important international border crossings? You don’t recall receiving this letter?
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Jennifer L. King, Counsel (Win)
Okay. And Minister Blair, are you taking any steps as Minister of Emergency Management to ensure the interjurisdictional collaboration that’s requested by Mayor Dilkens here and the planning occurs to protect border infrastructures and the communities around them?
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Jennifer L. King, Counsel (Win)
And if I may, I’m over my time, are you taking any steps, as Minister of Emergency Management, to ensure that municipalities and border municipalities are included in these conversations?
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Jennifer L. King, Counsel (Win)
M’hm.
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Jennifer L. King, Counsel (Win)
Thank you very much.
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Jennifer L. King, Counsel (Win)
I’m going to change my end time.
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Jennifer L. King, Counsel (Win)
Thank you, Commissioner.
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Jennifer L. King, Counsel (Win)
Good afternoon, it's still afternoon, Minister. My name is Jennifer King. I am legal counsel to the City of Windsor.
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Jennifer L. King, Counsel (Win)
Hi. So yesterday, Minister Blair testified about the responsibility of all three orders of government to communicate and cooperate in responding to an event like the protests earlier this year. Do you agree with him that that's important?
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Jennifer L. King, Counsel (Win)
Yes. Minister, you and your staff had excellent communication with the City of Windsor; right?
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Jennifer L. King, Counsel (Win)
Mayor Dilkens texted you immediately after first learning of the potential of the slow roll, the potential of blocking the bridge, when he learned that from the Chief of Police on February the 4th; right?
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Jennifer L. King, Counsel (Win)
And he kept in regular contact with you throughout.
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Jennifer L. King, Counsel (Win)
And are you aware that once the blockade commenced Mayor Dilkens' Chief of Staff was in contact with his counterparts at the Federal Government, including your Chief of Staff, Mike Jones?
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Jennifer L. King, Counsel (Win)
And for example, on February 8th he told Mike Jones that Windsor Police had put in a request through policing channels for policing resources; right?
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Jennifer L. King, Counsel (Win)
And he specifically told your Chief of Staff that the Chief of Police had asked for Public Order personnel; right?
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Jennifer L. King, Counsel (Win)
So early on, you were aware that Windsor Police Services required resources, specifically Public Order resources?
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Jennifer L. King, Counsel (Win)
And in fact, you assisted in amplifying that message to Commissioner Lucki?
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Jennifer L. King, Counsel (Win)
So Windsor provided you and your ministry with important and timely updates throughout, before, during and after the blockades?
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Jennifer L. King, Counsel (Win)
And you used this information from Windsor in your work at the federal level to respond to the blockades?
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Jennifer L. King, Counsel (Win)
Did the protests this year then reinforce your view of the value of the importance of two-way communication and collaboration between the Federal Government and border municipalities with respect to the protection of border infrastructure?
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Jennifer L. King, Counsel (Win)
Minister Blair yesterday told us that the police operation in Windsor was a success. Do you agree?
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Jennifer L. King, Counsel (Win)
Okay. Windsor Police required an influx of policing resources that we just talked about and hard assets to respond to the event?
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Jennifer L. King, Counsel (Win)
Last week, we heard evidence from Deputy Minister Keenan, and Mr. Ossowski, the former President of the CBSA, regarding federal authority over the bridge. Were you able to listen to that testimony?
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Jennifer L. King, Counsel (Win)
Okay. Well, we or I reviewed a CBSA document with Mr. Ossowski, and he confirmed that CBSA officers are not designated to enforce criminal arrest provisions and cannot directly engage in enforcement operations at prohibited public assemblies, even if they're on the bridge. You agree with him?
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Jennifer L. King, Counsel (Win)
Well, they didn't have that authority even on the bridge, did they?
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Jennifer L. King, Counsel (Win)
Right. So Mr. Ossowski told us that for any protest activity, even if it was occurring on the Ambassador Bridge or in the Plaza, the CBSA would rely on the police of jurisdiction.
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Jennifer L. King, Counsel (Win)
Right. And so it would be Windsor Police that would respond?
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Jennifer L. King, Counsel (Win)
Right. And Mr. Ossowski confirmed that even after the Emergencies Act was invoked the new Emergencies Act didn't change these authorities, and in fact, CBSA officers were directed not to directly engage in enforcement operations at prohibited public assemblies, whether on or off the bridge. Were you aware of that?
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Jennifer L. King, Counsel (Win)
Okay. So there is significant reliance on Windsor's police force to protect this piece of national infrastructure; right?
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Jennifer L. King, Counsel (Win)
And therefore, there's a significant reliance on Windsor and its taxpayers to protect this border crossing since they're ultimately responsible to fund Windsor's police force?
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Jennifer L. King, Counsel (Win)
Okay. So would you agree with me that the issue of what respective authorities are available to the police of jurisdiction and to federal authorities at a port of entry should be understood and planned in advance so as to avoid any confusion over jurisdiction and roles during an event like this?
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Jennifer L. King, Counsel (Win)
And this planning should include who's responsible for those resources; right?
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Jennifer L. King, Counsel (Win)
And you'd agree that that plan should also include plans to protect the community that is around that critical infrastructure?
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Jennifer L. King, Counsel (Win)
So I'll have a couple more questions about planning, but I -- as a bit of an aside, in Windsor, RCMP are not the police of jurisdiction; right?
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Jennifer L. King, Counsel (Win)
We heard from Commissioner Lucki last week that the RCMP "O" Division has a detachment in Windsor. Are you aware of that?
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Jennifer L. King, Counsel (Win)
She wasn't sure how many officers are there in Windsor. Minister Mendicino, do you know how many RCMP officers are in Windsor?
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Jennifer L. King, Counsel (Win)
So are you aware, Minister Mendicino, that shortly after the successful police operation, Windsor representatives, including Mayor Dilkens, and others, started asking all three levels of government to sit down and develop a long-term sustainable framework to protect critical infrastructure?
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Jennifer L. King, Counsel (Win)
Okay. So I just want to take a little bit of time on that. Mr. Clerk, can you please pull up SSM.CAN00006251, and scroll to page 4. Hopefully I have the right reference. Minister, this is a readout of a call that you had with Mayor Dilkens and MP Masse on February the 18th. I expect this was a busy time for you, as we have already heard, but you had a call with Mayor Dilkens and MP Masse. Do you recall this call?
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Jennifer L. King, Counsel (Win)
And so the readout... If you scroll up a little bit, Mr. Clerk. ...was sent to a number of recipients, including Katie Telford and Brian Clow. And they're of the Prime Minister's Office?
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Jennifer L. King, Counsel (Win)
Okay. And you can see, you can't see the colour on this, but the summary or the highlights at the top included that: "MP Masse highlighted the desire for a comprehensive plan with redundancies to prevent this from happening again."
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Jennifer L. King, Counsel (Win)
Here's an example of a Windsor representative saying right off the bat "we need a plan". And if you could scroll to page 5. In the middle of the page, you'll see some notes of Mayor Dilkens' comments, and he notes that: "...the current set of...jersey barriers - and police support is important but is incredibly resource intensive and disruptive to the community (both small businesses and the [University] of Windsor)." And you agree with him?
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Jennifer L. King, Counsel (Win)
Right. And you'll see that Brian Masse, if you scroll down a little bit, MP Masse indicates that this plan must include how to respond as a community and how to support small businesses. So that's consistent with what you just said.
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Jennifer L. King, Counsel (Win)
Did you take any steps following this meeting to work with Windsor and the province on this plan?
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Jennifer L. King, Counsel (Win)
Okay.
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Jennifer L. King, Counsel (Win)
Mr. Clerk, if you could please pull up WIN00002240? I take it you might not have seen this recently, Minister Mendicino, but we have been discussing this letter a bit over the course of this hearing. I did show this letter to Minister Blair yesterday. So the Commission has heard that Mayor Dilkens wrote to you, Minister Blair and former Solicitor General Jones on March the 17th. Do you recall receiving this letter?
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Jennifer L. King, Counsel (Win)
Okay. And he's asked you again to sit down and plan. What did you do with this letter on receipt?
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Jennifer L. King, Counsel (Win)
Okay. And so just taking a few moments to talk about the lessons that we've learned from the protest that are -- protect border infrastructure and the communities they're in, would you agree with me that planning processes to protect border infrastructure must include municipalities like Windsor?
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Jennifer L. King, Counsel (Win)
Okay. And we spoke earlier about the importance of two-way communications. What are you doing to ensure collaborative two-way communication between your Ministry, which I understand is responsible for critical infrastructure, and municipalities with critical infrastructure in their borders?
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Jennifer L. King, Counsel (Win)
Thank you for your answers.
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Jennifer L. King, Counsel (Win)
Good afternoon ---
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Jennifer L. King, Counsel (Win)
--- Minister Lametti. My name is Jennifer King. I am legal counsel to the City of Windsor.
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Jennifer L. King, Counsel (Win)
Mr. Clerk, I would like to show Minister Lametti WIN00000932, and if you could go to page 8, I'll explain to the minister what this is. Minister Lametti, you are aware that the Automotive Parts Manufacturers Association supported by Windsor and Ontario successfully sought an injunction to end the blockade of the Windsor Bridge -- or the Ambassador Bridge. Were you aware of that?
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Jennifer L. King, Counsel (Win)
So the first injunction was effective Friday, February the 11th. Windsor Police and the OPP, together with their policing partners, safely cleared the bridge over that weekend, and then although the bridge was reopened to traffic just after midnight the morning of February the 14th, the City of Windsor sought to continue the injunction. You're aware of this?
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Jennifer L. King, Counsel (Win)
Okay. So the chief justice granted this extension on February the 18th. This is the Chief Justice of Ontario's decision regarding the extension. Have you seen it?
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Jennifer L. King, Counsel (Win)
Great. So I'm just going to ask you some questions about the findings that the chief justice made on the evidence that was before him on February the 18th. "The chief justice found that the City had established a prima facie case, that protesters had breached multiple bylaws, and continued to do so after the order came into effect." Are you aware of this?
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Jennifer L. King, Counsel (Win)
Okay. The court also found that protesters breached the February the 11th order as evidenced by multiple arrests under the Criminal Code for breach of an order.
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Jennifer L. King, Counsel (Win)
Did you share the chief justice's concern that protesters would continue to breach the law?
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Jennifer L. King, Counsel (Win)
Right. So the Chief Justice also found in this paragraph 47 of the decision which is before you, it shows that the Chief Justice also found based on the evidence that was presented to him on that day, that there was a risk that protestors would reassert presence on the roadways to block access to the bridge. Minister Lametti, were you also concerned at that time about the risk that protestors would return and block the bridge again?
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Jennifer L. King, Counsel (Win)
Right. And that was all before the Chief Justice on February 18th when he heard the continuation of the injunction?
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Jennifer L. King, Counsel (Win)
Mr. Clerk, if you could please go to page 10, paragraph 59. In considering whether a permanent injunction was appropriate to enforce municipal by-laws, the Chief Justice used strong words about the importance of the rule of law. And he says in paragraph 59: “The rule of law requires that everyone obey the law. Significant, organized, deliberate and persistent defiance of the law and court orders is a serious threat to the rule of law, which is one of the foundations of a functioning democracy.” Minister, in your view did the protests and border blockades in particular, threaten the rule of law?
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Jennifer L. King, Counsel (Win)
And can you tell the Commission, in your view, what are the consequences of these threats you saw to the rule of law?
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Jennifer L. King, Counsel (Win)
Mr. Lametti, the next paragraph we see that the Democracy Fund, which is a party here before this Commission, attended at that hearing as an intervenor friend of the court and argued that an injunction was not warranted as there were other enforcement remedies to address the unlawful conduct, including the Emergencies Act. Because as we know the Emergencies Act was already invoked at that time. And I just wanted to point out for you, I’m not sure if you knew the decision in detail, but that argument was rejected on the basis that the test for a statutory injunction under the Municipal Act does not require consideration of the availability of other enforcement remedies.
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Jennifer L. King, Counsel (Win)
Oh you did?
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Jennifer L. King, Counsel (Win)
Right. So in paragraph 68, I have one more question, Minister Lametti, although perhaps your answer may take more time than I have. At paragraph 68 the Chief Justice concluded by repeating a statement from his Reasons on the initial injunction, and he says: “Simply put, freedom of expression does not extend to the point that the protestor’s activities can result in the denial of fundamental rights and freedoms to all those detrimentally effected by the blockade.” Could you just – I know we don’t have much time, but can you unpack this balancing of rights for us, just briefly. Does the extent of an individual right or freedom under the Charter have to be measured against its effect on other members of the community and their rights and freedoms?
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Jennifer L. King, Counsel (Win)
Thank you, those are my questions.
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Jennifer L. King, Counsel (Win)
Thank you, Minister Alghabra. My name is Jennifer King. I am legal counsel to the City of Windsor.
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Jennifer L. King, Counsel (Win)
I only have hopefully a few questions for you to clarify a few points. So first, I have some questions about the Strategic Enforcement Strategy. Both you and your deputy minister have testified about this strategy. I'll ask the clerk to bring it up just in case we need to look at it. It is PB.CAN.00000860. And I understand that there was never a final version, and my understanding is that Deputy Minister Keenan agreed that this was the final version. So this strategy, as it's coming up, I think you'll agree with me that the strategy recognizes that given the complexity of the occupations and blockades, safe resolution requires three levels of government to collaborate, right?
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Jennifer L. King, Counsel (Win)
And do you agree with that?
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Jennifer L. King, Counsel (Win)
And the strategy calls on all levels of government to deliver key messages, including that the blockades were breaking municipal bylaws?
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Jennifer L. King, Counsel (Win)
And the strategy lists examples of municipal bylaws including Windsor bylaws, right?
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Jennifer L. King, Counsel (Win)
Deputy Minister Keenan confirmed last week that Transport Canada did not consult with Windsor on this strategy, nor did Transport Canada consult with Windsor Police. He said that, "We left both of those to our provincial colleagues." Are you aware of that?
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Jennifer L. King, Counsel (Win)
Okay. But if Deputy Minister Keenan said that he didn’t consult with the Municipality of Windsor, you would defer to him?
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Jennifer L. King, Counsel (Win)
And you didn’t consult with the municipality on the strategy?
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Jennifer L. King, Counsel (Win)
Right. And we'll talk about that call that you had with Mayor Dilkens in a few moments. But I take it that you didn’t specifically ask for input on the tools that you were putting into this strategy?
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Jennifer L. King, Counsel (Win)
Thank you. Okay. So let me put this to you -- put it to you this way. When you're in a situation -- and you've already talked about the call with Minister Mulroney on February the 9th -- and in your witness statement, you state that in that call, Minister Mulroney advised you that Transport Canada's enforcement proposals were simply unworkable. That’s what she told you?
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Jennifer L. King, Counsel (Win)
Okay. So if you're in this kind of situation where your provincial colleagues are maybe not on board at the moment and you're in a situation where safe resolution requires three levels of government to collaborate, wouldn't you agree that you should reach out directly to consult with the impacted municipalities on this kind of strategy?
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Jennifer L. King, Counsel (Win)
Right. And so it is important to reach out directly to a municipality then. You agree?
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Jennifer L. King, Counsel (Win)
Yeah. So Deputy Minister Keenan also confirmed that Transport Canada would not have shared the strategy with Windsor after it was finalised, and again relied on Transport Canada's provincial partners to share it as they saw fit. And he didn't know if it had been shared. I take it you did not share the strategy with Windsor?
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Jennifer L. King, Counsel (Win)
Right. And so we did get some clarity on that from the Deputy Minister. I can tell you that I'm not aware of any evidence that Windsor received it. I just wanted to confirm with you that if the purpose of the strategy was to coordinate with three levels of government, wouldn't it have been important then to ensure that all levels of government had a copy?
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Jennifer L. King, Counsel (Win)
No, and I can see, and we'll talk... Perhaps, Mr. Clerk, you can call up SSM.CAN00000981. And I can see that there was a reach out to Mayor Dilkens, and this is referenced in the institutional report from Windsor, absolutely, and Mayor Dilkens said that there was excellent communication with the different levels of government. I was just trying to confirm with the strategy that was an important strategy that Transport Canada had worked on why it didn't get to the local authorities that were on the ground.
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Jennifer L. King, Counsel (Win)
Thank you. And so I just wanted to perhaps refresh your memory. This is a memo. Who is Samar Khan?
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Jennifer L. King, Counsel (Win)
Okay. And so these -- this is a memo that she prepared for you reflecting your meeting with Mayor Dilkens.
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Jennifer L. King, Counsel (Win)
Okay. So I just have a couple of clarification questions about this call because you hadn't referenced it in your witness summary. And I just -- I'm not sure if it matters, but you had said that the call was maybe on the February 11th, I think that was Mayor Dilkens' recollection. This document seems to be dated February 10th.
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Jennifer L. King, Counsel (Win)
And then your staff would insert the notes from the call. Is that what we have here?
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Jennifer L. King, Counsel (Win)
Okay. So when it says Current Status, and it has notes about what Mayor Dilkens is saying this is not notes from the call?
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Jennifer L. King, Counsel (Win)
Okay. So if you could just scroll down the second page. So you're aware at this point, then, that the City, along with the APMA is seeking an injunction?
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Jennifer L. King, Counsel (Win)
Yeah. And on the second page you'll see at the top, it states that the: "OPP has been sent to Windsor to assist with the situation, and RCMP are sending a Public Order Unit based in Ontario to assist alongside the OPP in Windsor." So you were aware of that as of around February 10th?
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Jennifer L. King, Counsel (Win)
Great. Thank you for clarifying that. And my question is, Minister Alghabra, you told my friend, Commission Counsel, earlier that you tasked your department with what can be done to federal legislation and tools to protect critical infrastructure. Did you task your department to consult with border municipalities and other partners in considering these changes and tools?
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Jennifer L. King, Counsel (Win)
Okay. Thank you, those are all my questions.
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Jennifer L. King, Counsel (Win)
Good afternoon, Deputy Prime Minister. My name is Jennifer King, and I am legal counsel to the City of Windsor. I only have a few moments with you this afternoon. You have testified about the macroeconomic impacts of the border blockades and the Ambassador Bridge blockade specifically. In my few moments with you, I want to shift tracks a bit and ask you to scope down and talk to us about the impacts of the blockades on the community and individual level. As you may be aware, I hope you're aware, Windsor is not just a road to the Ambassador Bridge. It's a community. It's a place where people live, work and study. Are you aware that the bridge lands in the community?
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Jennifer L. King, Counsel (Win)
Are you aware that for Windsor and Windsorites the blockade of the bridge was felt directly and immediately?
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Jennifer L. King, Counsel (Win)
I understand from Deputy Minister Sabia that Transport Canada has not completed an analysis of the blockade and the impacts on the local economy and local Windsor businesses; is that right?
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Jennifer L. King, Counsel (Win)
Okay. But you are well aware of the importance of the automotive sector as an employer in the region; right?
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Jennifer L. King, Counsel (Win)
Okay. And you're aware that, given the nature of the automotive sector, the blockade had a significant impact and resulted almost immediately in shutdowns and partial layoffs?
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Jennifer L. King, Counsel (Win)
Can you tell us generally how impacts on the Canadian economy at this kind of macro-level that you've been talking about trickles down and impacts local communities and residents, particularly communities like Windsor that are reliant on these types of automotive industries?
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Jennifer L. King, Counsel (Win)
Okay. You also gave testimony this morning about U.S. EV incentives. Mayor Dilkens gave evidence to this Commission about the $5 billion investment announced in March through a joint venture between Stellantis and LG Energy Solutions to establish a battery manufacturing plant in the region. You're aware of that investment?
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Jennifer L. King, Counsel (Win)
So this will be the first Canadian electric vehicle battery manufacturing facility?
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Jennifer L. King, Counsel (Win)
And Mayor Dilkens testified that these discussions and preplanning about this investment was underway at the time of the blockade?
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Jennifer L. King, Counsel (Win)
Is this the kind of investment that you were concerned about, that you were talking about earlier today?
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Jennifer L. King, Counsel (Win)
The Commission has heard evidence about the response in Windsor, Windsor Police and its policing partners to peacefully clear the blockade of the bridge. Were you aware at the time that the necessary policing efforts to maintain access to the bridge after the blockades impacted Windsorites?
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Jennifer L. King, Counsel (Win)
Deputy Minister Sabia agreed that the reopening of the bridge was key to avoiding greater damage to Canada's reputation as a good place to invest, Canada's reputation as a reliable trading partner. Do you agree?
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Jennifer L. King, Counsel (Win)
For Windsorites, this isn't, of course, not about just what happened in February. Windsor has been host to this critical piece of infrastructure for almost a century, and Windsor keeps traffic flowing to this bridge every day, and that benefits the entire country; doesn't it?
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Jennifer L. King, Counsel (Win)
Right. So we've heard a number of witnesses recommend that the frameworks and laws to protect critical infrastructure should be studied and strengthened; do you agree?
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Jennifer L. King, Counsel (Win)
Would you also agree that Windsor is not only a stakeholder in debriefing the lessons learned and in developing these frameworks, but also an important partner?
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Jennifer L. King, Counsel (Win)
Okay. Thank you. Those are all my questions.
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Jennifer L. King, Counsel (Win)
Good afternoon, Prime Minister. My name is Jennifer King, and I am legal Counsel to the City of Windsor. Mr. Prime Minister, I would like to start by taking you to one document, SSM.CAN.NSC 00002698. This is a read out of a call that you had with Mayor Dilkens of Windsor on February the 10th. Do you recall that conversation?
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Jennifer L. King, Counsel (Win)
On the first page there's some takeaways. I just wanted to read out the first one, "The Mayor appeared confident that a plan and resources are in place. He only need [-- only needed --] the injunction to operationalize the plan by Saturday. PM provided reassurance that the federal government is there." If you could scroll to page 2 towards the bottom of the page, Mr. Clerk? And you'll see here, Mr. Prime Minister, that it indicates that you said, "As I was speaking with police officers and various folks, no question on the ground operationally who has jurisdictions. I can assure you that the RCMP is working closely with the OPP[...]. Because this is our problem and [I] want you to be reassured that we are out there and operationally totally linked." So I just wanted to stop there. What did you mean, Mr. Prime Minister, when you said this is our problem?
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Jennifer L. King, Counsel (Win)
Okay. And hopefully -- it continues on, "And hopefully, the politics will recede a little because some of the stuff coming out of QP is a little inconsistent." What does QP mean here?
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Jennifer L. King, Counsel (Win)
Right. Okay. You can take that down, Mr. Clerk. Thank you. You testified this morning, Mr. Prime Minister, about jurisdictional issues that arose related to the governmental response to the blockades and occupations in January and February. In Windsor, there's a provincial highway connected to an international border crossing by a municipal road through a community; right?
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Jennifer L. King, Counsel (Win)
Would you agree that the response to the blockade required communication and collaboration between all three levels of government?
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Jennifer L. King, Counsel (Win)
Certainly this morning you testified that when three orders of government are able to work seamlessly together, you get better results; right?
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Jennifer L. King, Counsel (Win)
You would agree with me that there was not a pre-existing plan or framework establishing the jurisdictional responsibilities of each of the three levels of government when responding to the unprecedented circumstances of these blockades of critical infrastructure?
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Jennifer L. King, Counsel (Win)
Okay. And you testified this morning about the two tracks of work coming out of the IRG meeting on February 10th. The Clerk of the Privy Council told this Commission that track one was to determine everything that could be done within the existing set of powers, duties and functions under the law; right?
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Jennifer L. King, Counsel (Win)
So there was no pre-existing plan or framework setting out the various authorities available to all three levels of government to respond to these blockades?
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Jennifer L. King, Counsel (Win)
So it wasn't predetermined, it wasn't pre-collected the different authorities that were available to the different levels of government.
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Jennifer L. King, Counsel (Win)
Well, certainly the three levels of government were considering and the IRG was considering the different authorities and powers available to them to assist?
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Jennifer L. King, Counsel (Win)
Okay. So the Commission has heard during this hearing, several times, that Windsor started reaching out to the province and to the federal government shortly after the blockade was cleared, asking for the three levels of government to sit down, debrief, and work together to develop a plan to protect these international border crossing. Minister Blair, just to give you a heads up, testified that he did not recall this request but said it struck him as a reasonable request. Do you agree?
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Jennifer L. King, Counsel (Win)
And Minister Mendicino testified that a planning process to protect border crossings must include every level of government, of course, the City of Windsor and other border communities as well; do you agree?
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Jennifer L. King, Counsel (Win)
And so you'll agree that all three levels of government must collaboratively develop a framework to protect the critical infrastructure in Canada?
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Jennifer L. King, Counsel (Win)
Mr. Prime Minister, you said in your remarks on the revocation of the Emergencies Act on February 23rd that even as this emergency is over, we need to make sure institutions are prepared and ready for the future. This issue just won’t go away. And, in fact, Mr. Prime Minister, the next threat may be different from the blockades that we experienced earlier this year. What are you doing, Mr. Prime Minister, to ensure that such a plan is developed on an urgent basis?
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Jennifer L. King, Counsel (Win)
Thank you.
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Jennifer L. King, Counsel (Win)
Good afternoon, Commissioner. Windsor understands that this Commission has the mandate to examine and report on the circumstances that led to the declaration of a Public Order Emergency and the use of the measures in February 2022. However, it may not be a surprise to the Commission that I am going to start my submissions on another part of the Commission's mandate, the mandate to set out the lessons learned and make recommendations as it pertains to those matters. Windsor, we have heard many times, is not only the host to the Ambassador Bridge, there are multiple border crossings in its borders, and it serves as a vital trade corridor between Canada and the United States. The focus must be on learning lessons from the events of January and February. It is clear, Windsor submits, from the evidence before this Commission that the issues facing Canada earlier this year, in the words of the Prime Minister, "won't just go away." It is clear from the testimony that all three levels of government and policing must work urgently and collectively to find solutions to prevent unlawful protest activity from ever again threatening the safety and security, not only of Windsorites, but of Canadians throughout our country, and our national economy. We need a toolkit that sets out the division of responsibilities of all three levels of government, the available authorities at all three levels, and the resources required to implement those authorities, including who is responsible for costs. This toolkit to protect the infrastructure critical to Canada's economy must prioritise municipal and community interests, and we need this plan so that precious time is not wasted if our critical infrastructure and the communities that host that infrastructure face a threat like this again. The evidence that this Commission has heard about the response of the Ambassador Bridge blockade reveals the importance of swift, effective communication and cooperation, within and between all levels of government to support police operations. The successful operation to clear the bridge, which Minister Blair called a textbook operation that was proportional, measured, Charter compliant and appropriate, was made possible because of early and open communication between Windsor Police and the OPP and their other policing partners. The Commission also heard about how the City, Government and staff acted swiftly, effectively, and in a unified manner. The Mayor, the Community Emergency Management Coordinator, Laforet, and City leadership coordinated Windsor's response and communicated information and operational needs to their provincial and federal counterparts. The response to the blockade also showed the importance of the Incident Command System, and advanced emergency planning and of City Council speaking with one voice in this kind of crisis. And the important role that a municipality and government can play in supporting this kind of police operation. You've also heard how the necessary police response to clear the blockade had a significant negative impact on local Windsor businesses and households. Thus far, Windsor's repeated calls for trilateral government talks to create the integrated plan I talked about earlier to prevent and respond to such incidents has gone unheeded. Planning and first response to border issues cannot be Windsor's duty alone. As Mayor Dilkens noted, there must be an advance plan that can be pulled off the shelf in a time of crisis, and this planning must start now. Despite the effective response to the blockade, the process revealed, as we have heard, jurisdictional gaps and uncertainties that must be addressed. Doubt begets delay. Roles, responsibilities and jurisdiction should be clear before an emergency arises. Windsor and the many other municipalities which host critical infrastructure are partners in this process, not just stakeholders. Where provincial partners and governments do not respond or do not respond quickly enough, the Federal Government has a responsibility to have a plan to directly support the first responders on the ground. Windsor thanks its community, its staff, its police force for its -- their response to this crisis, and appreciates the efforts and professionalism of the OPP, the RCMP and its policing partners, and the open lines of communication it had with provincial and federal governments. The City also thanks the Commission for the opportunity to participate as a party in this important process. Thank you.