CN Rail sues pro-Palestinian protesters for hours-long blockade of Winnipeg rail line

The Canadian National Railway is suing a group of pro-Palestinian protesters who blocked traffic for hours last week at its main rail line in downtown Winnipeg.

The suit brought by CN seeksgeneral, special and punitive damages on top of interest and other costs, as well as a court order to prevent the group from doing so again.

The protesters began to blockade CN's main train line at a railway bridge, over York Avenue near Main Street, on Nov. 20 at about 2:30 p.m., according to the statement of claim filed at the Manitoba Court of King's Bench on Nov. 21. The group dispersed after about five hours.

The protest blockade took place on a transcontinental main train line that is "one of the busiest in the entire CN rail service," carrying upwards of $350-million of goods daily for about 90 customers, the suit states.

The blockade affected the travel of 16 CN trains, the suit says, and also stranded two VIA Rail trains that carried a total of 176 passengers.

None of the allegations have been proven in court and a statement of defence has not been filed.

The suit names one protester as a defendant, Dasha Plett, whois a spokesperson for the group Queers for Palestine-Winnipeg, that organized the blockade. Also listed as defendants are aJane and John Doe in addition toa group of "persons unknown."

CBC News got in touch with Plett, who did not provide comment prior to publication.

During the blockade, CBC News observed about 20 people carrying Palestinian flags and signs that said "ceasefire now" and "Palestine will never die"on the railway bridge and on the street below.

During the blockade,Plett told CBC News that the group wanted a ceasefire in Gaza, targeting the rail line because CN has business ties with one of Israel's largest shipping companies, ZIM Integrated Shipping Services.

"CN is very vital for them to access the North American market, and they are an Israeli company," Plett said at the blockade.

When CN learned of the blockade, the company informed the protesters that they were trespassing on its property and asked them to leave, the suit says. The protesters declined and continued the blockade for about five hours.

Public safety concerns involving the blockade forced CN to close the tracks, the suit claims.

The blockade has and continues to cause irreversible damage to CN both economically and operationally, and the protesters were aware or should have known that their actions would hurt the company in such a way, the statement of claim says.

Those damages include increased costs to CN customers and delays for deliveries of bulk commodities and goods, as well as extended yard or line holding of such products, including some that were hazardous, the suit says.

The protest blockade also hurt CN's reputation and affected company employees, causing a loss of productivity and increased yard congestion at CN's facilities that led to increased costs of yard crew activities, the suit claims.

The protesters "intended to cause damage to CN" by trespassing and interfering with its railway operations and economic interests, according to the suit.

The protesters knew or should have known that trespassing onto the company's property would "create a nuisance," interfering with CN's railway traffic, contractual relations and service quality to its employees, customers and others involved with CN's business, the suit says.

CN seeks an injunction to permanently prohibit the group from trespassing or directing others to trespass on its properties in Manitoba, and from interfering with or directing others to interfere with any of its railway operations in the province, according to the suit.

The railway company also wants an order to forbid the protesters from "threatening or intimidating" its employees, customers and anyone else it does business with, the suit says.

'High probability' of moreblockades: suit

Although the blockade eventually broke up, the lawsuit refers to a Nov. 20 post by Queers for Palestine-Winnipeg on X (formerly Twitter) announcing that the blockade had come to an end but said further actions were likely.

"We're done for the night but the movement is only growing," the post said in a quote included in the lawsuit.

Court intervention is needed to prevent similar disruptions of CN operations, as "there is a high probability of further blockades" in Manitoba that would cause more irreversible damage which cannot be calculated with money, according to the suit.

The Winnipeg law firm that represents CN in the suit did not respond to request for comment.