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Blockades on Canadian Pacific Railway Company’s Railways Across Canada

Fasken
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Overview

Client

Canadian Pacific Railway Company

This matter is in connection with the highly publicised file of the various blockades across Canada.

A first blockade in the Province of Québec took place since February 8, 2020, in the Kahnawake Mohawk Territory, alongside the railways owned and operated by the Canadian Pacific Railway Company which passes through same.

After numerous discussions and attempts by Canadian Pacific Railway Company, and both the Federal and Provincial Governments, to resolve the matter,  Canadian Pacific Railway Company had no other alternative than to seek the issuance of a province-wide injunction to dismantle this blockade and other copy-cat blockades which were erected.

On February 25, 2020, Justice Michel A. Pinsonnault from the Superior Court ruled in favour of the Canadian Pacific Railway Company in issuing the provisional injunction order at the Montréal courthouse. The magistrate ordered to "immediately" dismantle the barricade erected on the Mohawk reserve territory, the immediate evacuation of CPR property on the Old Malone Road in Kahnawake, and ordered anyone to refrain from encroaching on CPR property, obstructing CPR's business operations or intimidating railway employees. It also authorizes police services, including the Sûreté du Québec, the Royal Canadian Mounted Police and the Kahnawake Mohawk Peacekeepers, to use "any force deemed necessary" to enforce the order.

Canadian Pacific Railway sought the court order because the blockade of Kahnawake has severed vital rail links and has seriously affected CPR operations, customers and the economy in general.

This is a national crisis which has been covered by all Canadian media every day for two weeks and which touches to the very question of the application of the rule of law against protestors in Canada.

Team

  • Vincent Cérat Lagana, Partner | Commercial Litigation, Montréal, QC, +1 514 394 4520, vcerat@fasken.com
  • Chris Semerjian, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 394 4515, csemerjian@fasken.com
  • Noah Boudreau, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 394 4521, nboudreau@fasken.com
  • Claudie Fréchette, Associate | Commercial Litigation, Montréal, QC, +1 514 397 5190, cfrechette@fasken.com
  • Nicolas-Karl Perrault, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 5256, nperrault@fasken.com