Skip to main content

The Globe and Mail

Ottawa shields new Windsor-Detroit bridge from lawsuits

Traffic bound for Detroit approaches Windsor’s Ambassador Bridge in December 7 of 2011.

GEOFF ROBINS/geoff robins The Globe and Mail

The Harper government is passing legislation that exempts a new Windsor-Detroit bridge from a slew of environmental laws in order to shield it from any legal action U.S. opponents of the project might launch.

Prime Minister Stephen Harper signed a deal in June with Michigan to build a second bridge through Canada's most important trade conduit, but the U.S. operator of the existing Ambassador Bridge between Windsor, Ont., and Detroit fiercely opposes the plan.

Manuel (Matty) Moroun, chief executive officer of the private company that owns the bridge, has said a second one is not needed right now because traffic volumes on his span are down 40 per cent from before the Sept. 11, 2001, terrorist attacks.

Story continues below advertisement

The Canadian government said it anticipates Mr. Moroun or allies would launch legal action in Canada challenging environmental approvals for the new international crossing – and that is why it is heading him off.

The Conservatives introduced new legislation on Thursday – sandwiched inside an omnibus budget bill – that says the Fisheries Act, the Navigable Waters Protection Act, the Species at Risk Act and big parts of the Canadian Environmental Assessment Act "do not apply to the construction of the bridge, parkway or any related work."

"This legislation will ensure that the project will not be subjected to lawsuits on the Canadian side related to the issuance of regulatory permits or approvals and that the project will be constructed without delay or stoppage," Transport Canada department spokesman Mark Butler said.

The Conservatives are defending the measures in the "Bridge to Strengthen Trade Act" as an economic necessity.

The Tories insisted on Thursday that companies building the bridge and related interchanges will be expected to comply with "the intent of all federal laws pertaining to environmental protection" and file action plans to the relevant Conservative ministers.

The government said it already conducted an extensive environmental assessment study of the bridge project in co-ordination with the United States and Ontario.

A second span across the Detroit River is the Harper government's No. 1 infrastructure priority. Close to 30 per cent of annual Canada-U.S. trade moves through the Windsor-Detroit corridor, and Ottawa is worried about bottlenecks and traffic growth over the next 20-plus years.

Story continues below advertisement

The new crossing would be built about three kilometres south of the Ambassador Bridge, which has been operating since 1929.

About $120-billion (U.S.) worth of goods cross the border at Detroit-Windsor annually, carried mainly by the 2.7 million trucks that use the Ambassador Bridge every year. Truck crossings are expected to more than double by 2035.

A Canadian government source speaking on condition of anonymity said Mr. Moroun and his family remain a potential obstacle to building the second bridge.

"One of the biggest concerns we have is there could be further legal action launched by the Morouns or another company controlled by them," the source said.

Canada is so keen for the bridge it has agreed to pay Michigan's $550-million share of the new bridge-related infrastructure costs – which would later be recouped from toll revenue.

The operator of the Ambassador Bridge has waged a public campaign against the project. A spokesman for the Morouns said he could not immediately comment on Ottawa's legal tactic.

Story continues below advertisement

Windsor MP Brian Masse, a New Democrat and a big supporter of a new bridge, said the Tories should still require the project to follow the regular environmental approval process. "It goes over one of the most important fresh waterways in the world, so there is no reason not to do it with full accountability," said Mr. Masse, critic for Canada-U.S. border relations.

The Globe and Mail reported in December, 2011, that Ottawa was considering using an Act of Parliament to insulate the new bridge from legal challenges. Briefing books for Transport Minister Denis Lebel obtained under access to information law suggested the measure was necessary.

The new bridge is expected to cost nearly $1-billion and will be privately financed by the company that builds it. Both countries, however, must put in place customs plazas and ramps and connecting roads – infrastructure that will cost about $2.5-billion.

Report an error Licensing Options
About the Author
Parliamentary reporter

Steven Chase has covered federal politics in Ottawa for The Globe since mid-2001, arriving there a few months before 9/11. He previously worked in the paper's Vancouver and Calgary bureaus. Prior to that, he reported on Alberta politics for the Calgary Herald and the Calgary Sun, and on national issues for Alberta Report. More

Comments

The Globe invites you to share your views. Please stay on topic and be respectful to everyone. For more information on our commenting policies and how our community-based moderation works, please read our Community Guidelines and our Terms and Conditions.

Please note that our commenting partner Civil Comments is closing down. As such we will be implementing a new commenting partner in the coming weeks. As of December 20th, 2017 we will be shutting down commenting on all article pages across our site while we do the maintenance and updates. We understand that commenting is important to our audience and hope to have a technical solution in place January 2018.

Discussion loading… ✨