'Suck it up': 5 councillors try to fight the Canada Post mailbox appeal

Hamilton is officially appealing a court decision about Canada Post super mailboxes, but about a third of its local politicians say doing so will be a waste of time and money.

The city will spend an estimated $75,000 to appeal a recent court decision in favour of Canada Post. The city maintains that Canada Post should follow municipal rules when placing community mailboxes on city land. Justice Alan Whitten recently ruled otherwise.

City council voted 10-5 on Wednesday to finalize the decision to appeal. But it drew heated debate.

Suck it up, sticka fork in it and make the best of it.- Coun. Sam Merulla

"This is all political," said Coun. Sam Merulla of Ward 4 in the east end. "The reality is this is going nowhere and we have to focus on that reality."

Merullasaid he's not "not going to sit here and try to bolster anyone's next (reelection) campaign."

"It will happen and there's nothing we can do about it. So suck it up, sticka fork in it and make the best of it."

The battle dates back to last year, when Canada Post started a process to phase out urban door-to-door mail delivery across Canada. The corporation has started the local process with36,000 houses on the Mountain.

City council passed resolutions opposing the plan. But its focus shifted when it noticed plans to put mailboxes in what it considered to be improper locations, such as on major streets and near the mouths of driveways.

• Hamilton will appeal Canada Post super mailbox court decision

Council unanimously passed a bylaw saying that Canada Post had to pay $200 for the city to help site mailbox locations. The corporation maintains that its federal mandate to deliver the mail trumps municipal laws.

Lost miserably

The two sides went to court last month. A judge ruled in favour of Canada Post on June 11.

The city lost "miserably," said Coun. Lloyd Ferguson of Ancaster in arguing against the appeal on Wednesday.

By the time the case goes to trial in appeals court, all the mailboxes will be installed in Hamilton anyway, he said.

"All I'm trying to do is be practical."

But those in favour of the appeal say it's worth it. This is a matter of the city having control over its own land, and not fighting it sets "a dangerous precedent," said Coun. Aidan Johnson of Ward 1 in the west end. Other councillors argued that potential liability costs will exceed the cost of fighting the case.

The Mountain councillors impacted so far Terry Whitehead, Tom Jackson, Scott Duvall and Doug Conley are all in favour. Negotiating with Canada Post over individual mailbox locations won't work, said Conley, who represents Ward 9 in upper Stoney Creek.

He can't even get Canada Post to return his calls, he said. "These guys don't want to talk to us."

"Someone said it's a David and Goliath fight. I want to remind you, David won that fight."

Canada Post has said throughout the process that it consulted with the city and homeowners on mailbox locations, and has changed many of them because of those concerns.

Other municipalities have considered similar action to Hamilton. The Town of Aurora, for example, recently passed a similar bylaw.

Who voted in favour of the appeal

Aidan Johnson (Ward 10), Jason Farr (2), Matthew Green (3), Scott Duvall (7), Terry Whitehead (8), Doug Conley (9), Maria Pearson (10), Brenda Johnson (11), Arlene VanderBeek (13), Robert Pasuta (14)

Who voted against the appeal

Mayor Fred Eisenberger,Sam Merulla (4), Chad Collins (5), Lloyd Ferguson (12), Judi Partridge (15)