Canada Post and Hamilton square off in landmark mail delivery case

It'll be a historic day in Hamilton courts on Tuesday as Canada Post faces off against the city over where it can put super mailboxes.

Canada Post is installing community mailboxes across Hamilton Mountain as part of a nationwide plan to phase out urban door-to-door mail delivery.

But the city wants a say in how they do itand has gone to court to assert those rights.Canada Post rejects this notion, saying federal legislation gives it a mandate to deliver the mail, and that trumps municipal powers.

The fight is being watched by many other municipalities across the country, all of which are facing similar plans from the postal service to install supermailboxes.

In Hamilton, local officials say their dispute with the mailservice has broad implications.

"This really is a national debate," said Hamilton councillorTerryWhitehead, who has been dealing with a numberof resident concernsover the mailboxes.

"Do municipalities, who are basically thegovernment of the grassroots, have the right to create standards inthe communities that Canada Post and utilities must follow?"

Competing motions

The fight started whenthe city of Hamilton amended a municipal bylawthis year requiringthe corporation to pay a $200 fee per mailbox on municipal property, and giving city staff a say insitingthem.

The city has filed a restraining order to stop Canada Post from installing the mailboxes without permits, while Canada Post has applied to quash the bylaw.

Justice Robert Reid will hear both applications in Hamilton superior court on Tuesday, likely at 2 p.m.

• Canada Post and Hamilton will square off in court at the end of May
• Canada Post says profits won't save door-to-door delivery

Among the othermunicipalities watching thecase, is the Town of Aurora, which is looking at adopting a similar bylaw.

The city describes it as a matter of having control over its right of ways. "We're looking for meaningful input," said Justyna Hidalgo, a solicitor with the city, after the first appearance on April 28.

However, the city has passed previous motions asking the federal government to stop its plan to phase out door-to-door delivery.

John Laskin of Torys LLP is representing Canada Post.

Multiple challenges

Canada Post's plan to stop home maildelivery and install community mailboxes is now under attack onmultiple fronts.

Canada Post is already facing a lawsuit from a union representingpostal workers that wants the Federal Court to declare thecancellation of home delivery unconstitutional. And a group ofMontreal-area mayors last week said they were considering joiningthe action, accusing Canada Post of ignoring their concerns.

In the face of declining traditional mail volumes, Canada Postannounced a plan in December 2013 to end door-to-door delivery andgave itself five years to implement the move to community mailboxes.