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Hamilton

Hamilton still pursuing court challenge over Canada Post supermailboxes

Canada Post has suspended its controversial community mailbox plan, but the city plans to pursue its court challenge unless the law that prompted it is changed.

Canada Post is halting conversions, but the city says that doesn't address the point of the legal case

The city has asked the new Liberal government to amend the Canada Post Corporation Act to say that municipalities have control over their own roadsides. If that doesn't happen, the city's court appeal will go ahead. (Kelly Bennett/CBC)

Canada Post has suspended its controversial community mailbox plan, but Hamilton still plans to pursue its court challengeunless the laws that promptedit are changed.

The corporation had planned to cancel urban door-to-door mail delivery in favour of super mailboxes, a process already started on Hamilton Mountain. But on Oct. 26, days after Justin Trudeau's new Liberal government swept into power, the corporation halted the conversion.

But city officials say they still planto appeal a Superior Court ruling, which will cost about $75,000. The fight is over whether Canada Post or any company should have to pay a fee and consult with the city before it installs something on a municipal right of way. And this doesn't change that argument, said Terry Whitehead, Ward 8 councillor.

"We still have to defend our bylaw," he said.

"It's not just about Canada Post anymore. It calls into question our whole regulatory regime as it comes to right of ways, period."

There is a chance that the appeal, scheduled to start on Jan. 26, won't happen. The city is asking the new Liberal government to add a line to the Canada Post Corporation Act acknowledging that cities have control over their own right of ways. If the government agrees, Whitehead said, there'll be little need for an appeal.

But barring that, the appeal will go ahead. The city even sent letters to 95 municipalities this year asking for help. The effort has netted about $3,000 so far, including $2,500 from Victoria, B.C. and $750 from Baie-D'Urf, asmall Quebec municipality of 3,850.

The Federation of Canadian Municipalities, which backs the city's case, has been granted intervener status, said city solicitor Janice Atwood-Petcovski.