As the situation remains fluid near the Coutts border crossing due to ongoing demonstrations, a former Alberta RCMP officer and security expert believes negotiations could still lead to a peaceful resolution.
“As long as there’s dialogue going on,” said Neil LeMay with Global Enterprise Security Risk Management.
“As long as there’s an opening for a resolution in the reasonably near future, and I mean days, not months, I think you’ll see police defer to negotiation and persuasion.”
On Wednesday, as demonstrations continued into their fifth day, protesters agreed to open two lanes of traffic on Highway 4 — one going north and one going south.
“In a tremendous show of good faith, they are reopening one lane each way to provide unimpeded access through the town of Coutts and across the border in both ways,” said Chad Williamson, a lawyer representing truckers blocking access to the border crossing at Coutts.
“That doesn’t mean the protest is over, but it signals what we hope to be ongoing cordial efforts to address the concerns of the people who have been involved in the movement down here in Coutts.”
In a news release, RCMP said the lanes opening will allow for residents to have freedom of movement, school bussing that was impacted to be reinstated, emergency services to provide full services, border access and the flow of goods and services to resume.
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While there is some progress, LeMay said that if demonstrators impede traffic and the flow of goods and services, there could be arrests.
“I don’t know what’s going to happen in the future, but the courts are seeing the police take a very even-handed approach to this,” he said. “They’re being very judicious in their use of force to this point so far. That’s all going to be taken into consideration by the courts.”
On Tuesday, during a news conference, Premier Jason Kenney both condemned and encouraged those protesting public health mandates but said there was no need for a court injunction against the blockade.
“You don’t need an injunction to uphold the law,” the premier said.
“No injunction is required for law enforcement to enforce currently standing legislation,” said Alex Puddifant, the press secretary for the minister of justice and solicitor general. “Namely, the Criminal Code, Traffic Safety Act and Critical Infrastructure Defence Act.”
Calgary lawyer Sarah Miller with JSS Barristers said she hopes a solution is found without an injunction being required.
“I think the best way to resolve it is to come to some sort of conclusion between both sides,” Miller said. “I don’t think history shows very kindly to those who have been using injunctions against the environmental groups in B.C.
“I think over time… we see that as being a bit too aggressive or too overreactive.”
Miller also pointed to ongoing delays in the justice system due to the COVID-19 pandemic.
“The courts are really, really overburdened right now,” Miller said. “They’re really behind schedule, and everything keeps getting rescheduled because of varying degrees of access to the courts.
“We know the province is short on Crown prosecutors,” she explained. “So there’s a lot to consider as to whether or not they’d want to proceed on every civil contempt proceeding.”
– With files from Alanna Smith, The Canadian Press
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