Cities watch as Canada Post, Hamilton square off over super mailboxes

Canada Post and the city of Hamilton are bracing for battle andmunicipalities across the country are watching to see who wins.

The fight is over just how much of a say local governments canhave over where new community mailboxes can be installed, with the Hamiltonsaying the Crown Corporation is notrespecting local regulations.

• Canada Post and Hamilton will square off in court at the end of May
• GTA town to consider joining Hamilton's fight with Canada Post

Amid mounting concerns over safety, privacy and litter, thedispute between the mail service and the city is now headed tocourt.

The development means 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.

'This really is a national debate'

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

"This really is a national debate," said Hamilton Coun. TerryWhitehead, who has been dealing with a slew of 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?"

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.

About 100,000 made the transition in 2014, and another 900,000households are expected to switch to community mailboxes this year.

Canada Post says it told Hamilton of its intention to transitionabout 36,000 households to community mailbox delivery in June 2014.

It says it met repeatedly with city officials to seek input onmailbox locations and has tried to address constituent concerns.

But somewhere along the way, as the mailboxes have been installedon strips of municipal land alongside homes, relations between thecity and the mail service have turned rocky.

After hearing complaints over safety, privacy, litter and trafficwhen the mailboxes are installed in what they considerless-than-ideal locations, Hamilton's city council amended a bylaw,which now requires Canada Post to obtain a $200 permit per site toinstall the mailboxes on municipal land. City staff would assesseach mailbox's location to ensure it meets city standards beforegranting the permit.

"We are the stewards of those right of ways," said Whitehead,who has written to federal Transport Minister Lisa Raitt asking herto direct Canada Post to obey the rules of local municipalities.

Canada Post, however, ignored the bylaw, saying that under thefederal Canada Post Act, it has the exclusive jurisdiction overpostal services and the legal authority to install communitymailboxes on municipally owned property.

When the city issued an order in late April for the mail serviceto stop installing the community mailboxes until it complied withthe bylaw, Canada Post filed a notice in Ontario Superior Courtasking for the bylaw to be declared invalid. The issue will be heardbefore a court later this month.

'Treat people properly and respectfully'

In the meantime, however, some Hamilton residents continue toclash with the Crown corporation.

"They have a responsibility to treat people properly andrespectfully," said Richard Massie, who is trying to stop Canada
Post from installing a mailbox next to where he plans to build a newdriveway, blocking a key sightline.

Massie's case is pointed to as a perfect example of how havingCanada Post follow the city bylaw would have prevented headaches.

Massie already has a permit to build the new driveway he said hisold one isn't in a safe location but the community mailbox isruining his plans.

"This is something we had planned long before we knew CanadaPost was putting a mailbox there," he said. "They hadn't done anyconsultation with us."

Canada Post, however, says it spent months consulting with thecity over the location of the mailboxes, sent surveys to residentsgoing through the change and has worked with concerned homeownersthrough the process.

"Our approach is to consult, be respectful, but alsounderstanding that there are laws that govern how postal services
are provided in Canada," said spokesman Jon Hamilton. "Weunderstand that this is a difficult change, and that's why we have along process to gather feedback, to try and find a solutions thatmakes sense."

Canada Post made a number of changes to mailbox locations aftertalking to residents, he said, and also told the city its bylaw wasconsidered invalid before the matter went to court.

'Federal legislation in this case trumps the municipallegislation'

Other municipalities are taking a cue from what is happening inHamilton.

Tom Mrakas, a councillor in the town of Aurora, Ont., proposed asimilar bylaw which would require Canada Post to apply for permitswhen installing community mailboxes.

"This is not about prohibiting the installation of thesemailboxes...it's the fact that we need to be able to regulate where
they're installed," he said. "Meaningful consultation has neveroccurred."

But at least one observer said Canada Post likely didn't have to
adhere to such bylaws.

"I completely understand the municipality's view but I justdon't think the municipality can come in and ultimately say 'we'rebetter off knowing where the community mailbox should be and so youhave to follow what we say,"'said John Mascarin, a partner at thelaw firm Aird and Berlis who specializes in municipal law.

"The federal legislation in this case trumps the municipallegislation."