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OPINION: CN Attempt To Bypass Milton Laws Should Concern All Municipalities




In municipal news that should be making national news - in our humble opinion - the Town of Milton, Ontario, found itself grappling with a grave situation when Canadian National Railway (CN) closed one of its town roads without any authorization.


The brazen move by CN to shut down Lower Base Line without the Town's consent has ignited a legal battle and raised serious concerns about the rights of local communities in the face of corporate giants.

At the heart of the matter lies CN's proposal to construct a grade separation, a railway bridge over a road underpass. While the project itself may hold the promise of improved infrastructure, the way CN has gone about it is deeply troubling. The closure of Lower Base Line, expected to last for an estimated two years, was initiated without any approvals or agreement from the Town of Milton. This disregard for the town's by-laws and local laws is nothing short of audacious.

The Town of Milton has been steadfast in its stance against CN's actions. Repeatedly, they have communicated to CN that the road closure is in breach of Milton's laws. The municipality, along with Halton Region, has taken the matter to both the Ontario Court of Appeal and the Federal Court of Appeal, asserting that CN must comply with local laws just like any other private developer would be expected to do.

The implications of this dispute go beyond the confines of Milton and Halton. What is happening in this town could set a dangerous precedent for other municipalities across the country that have railways running through their communities. The closure of a town road by Canada's largest railway company without prior community approval should be a cause of concern for all.

The crux of the issue lies in the fundamental principle of local governance and community involvement. When large corporations, with significant economic power, take unilateral decisions that directly impact the lives of residents, it undermines the very essence of democracy. A collaborative approach between private entities and local authorities is essential for harmonious development that takes into account the needs and concerns of the community.

While CN may argue that the grade separation project is crucial for railway operations and infrastructure enhancement, it must not ignore the rights and interests of the people living in the areas it affects. The town roads are not the sole property of a corporation but rather a vital part of the shared public space.

The fact that Milton and Halton are engaged in three separate legal actions against CN highlights the severity of this issue. These legal battles have not emerged out of a desire for conflict, but rather from a need to protect the integrity of local governance.

It is crucial that both the provincial and federal authorities closely monitor this situation and take necessary actions to safeguard the interests of local municipalities. There should be clear guidelines and regulations in place that ensure transparency, accountability, and cooperation between private entities and local governments when undertaking large-scale projects.

The closure of a town road in the Town of Milton by CN without any authorization serves as a stern warning to municipalities everywhere. It reveals the vulnerability of local communities in the face of corporate power and highlights the pressing need for robust safeguards to protect the rights of citizens and the sanctity of local laws.


The fight taken up by Milton and Halton is not just theirs; it is a fight for the preservation of the principles that underpin our democratic society.


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