Ottawa seeks injunction for bylaw violations as police chief waits for word on additional resources

Ottawa's police chief warns he doesn't have enough police resources to enforce the new powers designed to end the truck convoy protest and blockade in downtown Ottawa.

"We cannot go beyond our current ability unless we get new resources," Chief Peter Sloly said during a special Ottawa Police Services Board meeting on Friday.

"New powers are new powers, without new resources we can't expand and use those powers in the way they were designed."

Premier Doug Ford announced new penalties to protect infrastructure, including roads and pedestrian sidewalks. Non-compliance will now be punishable by fines of up to $100,000 and up to a year in jail.

The premier declared a state of emergency to give authorities more tools to stop what he called the "illegal occupation" of Ottawa on Day 15 of the demonstration on Wellington Street and several roads through the downtown core.

On Friday, the city said it would be seeking a court injunction to stop the "flagrant and repeated violations" of noise, idling and open fire bylaws as the "Freedom Convoy" demonstration enters a third weekend.

"We have been enforcing all the laws available to us, including the new powers under the civil injunction. Our ability to enforce it fully is a direct proportion to our ability to have additional resources," Sloly said.

"The new powers give us new tools, but without new resources we can't enforce to any greater degree more than we've been able to do so now."

The police chief told the board that as soon as the new provincial orders are in effect, Ottawa police will brief officers to "enforce them to the fullest extent that our resources allow."

Approximately 400 trucks and vehicles remain parked in the downtown core. There were signs of increased enforcement on Friday morning, with Bylaw Services officers threatening fines for blasting loud music. They levied a $1,500 fine against at least one person.

On Monday, the city of Ottawa sent a request to the federal and Ontario governments for an additional 1,700 officers and 100 civilians to help bring an end to the blockade in the downtown core.

Sloly said he couldn't tell the board how many additional officers have been deployed to Ottawa.

"We're still working with the OPP and the RCMP to receive those resources and deploy them, that's all we can mention at this point," Sloly said.

On Thursday, Sloly repeated his call for more resources to end the occupation "safer and quicker."

Speaking with reporters on Parliament Hill, Prime Minister Justin Trudeau said the RCMP and OPP are working with Ottawa police for resources.

"I don't accept the contention that the city of Ottawa has exhausted its tools and its resources," Trudeau said.

"The Ottawa Police Force has been given resources from both the OPP and the RCMP, there is concerted efforts around planning and approaches that we'll move forward in a proportional way. But I think it is very clear that the time for these protests to end has come."

Ottawa Police Services Board Chair Diane Deans says the prime minister's comments were "unfair."

"We were very clear, based on the information provided to us from the chief of police what the resource requirement is here, without offering details because it's operational," said Deans.

"I do know that we do not have the resource requirements that we have asked for at this point. I know the prime minister is under a great deal of pressure right now, but I thought his comments this afternoon were a little unfair. I just think when our chief of police has been saying quite clearly we need more resources; if he believes we have enough, he should point to how that is in fact the case."

The chief says Ottawa police still don't have a definitive answer on what additional resources will come to Ottawa.

"We will continue to use the resources that we have."

As of Thursday, Ottawa police reported 25 arrests in connection to the demonstrations, while more than 1,700 tickets have been issued for Highway Traffic Act and Bylaw offences, including excessive noise, use of fireworks and suspended licences.

There are 126 active investigations ongoing in connection to the demonstration.

CITY SEEKING INJUNCTION TO STOP NOISE, IDLING

The city of Ottawa is asking the courts to stop the noise, idling and fireworks in the demonstration zone.

On Friday, the city's legal counsel appeared before the Ontario Superior Court of Justice to obtain an injunction to address the "evidence of flagrant and repeated violations" arising from the ongoing protests. Residents have complained about horns, idling, fireworks and other issues during the 15 day demonstration.

"This action is an effort to restrain the observed widespread disregard by many of those involved in the demonstration for the rule of law and for municipal by-laws enacted to promote the health, safety, and well-being of residents and visitors," City Solicitor David White said.

The city is asking the Ontario Superior Court of Justice for an injunction in response to bylaw violations, including Noise Bylaw, Idling Bylaw, Fireworks Bylaw, Encroachments on City Highways Bylaw, Open Air Fire Bylaw and Parks and Facilities Bylaw.

"During recent events, By-law Services have not been able to effectively undertake their usual enforcement activities in those parts of the City most affected by the protests, due to safety and operational concerns identified by the Ottawa Police Service," White said in a memo to council. "Where enforcement has occurred, it has not had a deterrent effect."

The city is hoping for a hearing on the application in the coming days. More details on the city of Ottawa's injunction request will be presented to council during a special meeting on Monday.

On Monday, an Ontario Superior Court judge granted a 10-day injunction ordering an end to the incessant honking by truckers on downtown streets.  That injunction came after a 21-year-old Centretown resident launched a class-action lawsuit.

On Wednesday, the Chief Justice of Ontario approved increased penalties for bylaw infractions in the downtown area.

Fines for violations (previous fine in parenthesis)

• Noise Bylaw - $1,000 ($490)
• Idling Bylaw - $1,000 ($100)
• Use of Care of Road Bylaw - $1,000 ($350)
• Open Air Fire Bylaw - $1,000 ($100)

THIS WEEKEND

Ottawa police expect the same number of vehicles and demonstrators to descend on downtown Ottawa this weekend "should be in the range of last weekend."

However, Chief Sloly notes there are other planned demonstrations across Ontario this weekend.

"There is a lot of information, there is a lot of misinformation and there is a lot of disinformation, but we're tracking that in real time with the intelligence operations across the province and across the country," Sloly said.

"And should we get more clarity on the numbers, we'll make adjustments as best we can given the resources we can."

CONFIDENCE IN THE CHIEF

The chair of the Ottawa Police Services Board says she still has confidence in Chief Sloly and the executive of the Ottawa Police Service.

"I have confidence. What we keep hearing is they need more help," Coun. Diane Deans said.

"My job as the chair of the board is to do all that I can to get them the resources that they need. They have been working very hard, under very stressful circumstances."