Hamilton City's Attempt to Stamp Out Community Mail Delivery Ruled Unconstitutional (Sort Of)

In response to Canada Post's announcement that it was restructuring its mail delivery and doing away with home delivery services, the City of Hamilton passed a by-law giving the City control over the installation of equipment on municipal roads, including Canada Post's community mailbox ("CMB") delivery systems. Last week, the Ontario Court of Appeal held¹ that the by-law was constitutionally inoperative to Canada Post since it conflicted with the federal Canada Post Corporation Act² and the Mail Receptacles Regulations.³ The Court of Appeal's decision highlights a tension in the pith and substance jurisprudence between the principle of colourability on the one hand and the motive and purpose of the enacting body on the other. Furthermore, the decision reveals a preference for resolving division of powers disputes through the paramountcy doctrine, which gives rise to a narrower constitutional remedy.