Hamilton appealing mailbox ruling

City councillors in Hamilton have voted to appeal a Superior Court decision that quashed the city’s ‘super mailbox’ bylaw.

Councillors voted 9-4 in favour of appealing Justice Alan Whitten’s decision while meeting as the general issues committee.

The ruling last week found the bylaw that was meant to regulate the installation of the unpopular community mailboxes violated Canada Post’s exclusive jurisdiction to place mailboxes on municipal property.

Councillor Terry Whitehead has been one of the most vocal critics of Canada Post throughout the dispute.  He says it’s important the city continues to do its job to ensure the mailboxes are placed in safe locations that do not put residents at risk.

Councillors voted to appeal the decision after consulting with a former Supreme Court Justice who said that the bylaw – which required Canada Post to pay for $200 permits for each of the new community mailboxes – didn’t impede the crown corporation’s ‘economic viability’ as previously ruled.

Mayor Fred Eisenberger was among those who voted against the decision, which must be ratified at Council next week.

The appeal process could take four to six months, and will cost an estimated $75,000.  Councillors hope other cities who have been watching Hamilton’s fight will contribute.