FORT WILLIAM FIRST NATION -- The councils of the city and First Nation separated by the Kaministiquia River came together on Wednesday to discuss the bridges they're building and the burned bridge that holds them apart.
Thunder Bay's legal team will step into Superior Court on Mar. 1 to face the Canadian National Railway in a case that will decide who will pay to rebuild the James Street Swing Bridge, which burned in a 2013 fire. The city will argue on the merits of a 1906 contract, which stipulates CN is responsible for the structure "in perpetuity."
"Our position remains unchanged, " said Thunder Bay city manager Norm Gale. "CN is responsible to open that bridge in all laneways of traffic and we're seeking Justice (John) Fregeau to give that order."
The city's legal team has advised the decision won't likely be made swiftly but Fort William First Nation Chief Peter Collins foresees the decision will also not be final.
"They’re going to resolve it in a fashion that’s not going to be in favour of one or the other," Collins said.
"At the end of the day, if it’s not in favour of the city, they’re going to say they’re not dealing with the bridge. If CN loses, my impression is they’re going to appeal that. It doesn’t give a resolve to what we’re talking about day in and day out, which is getting access back into the city of Thunder Bay."
Fort William First Nation Coun. Michele Soloman lamented the loss of Westfort's commercial district as a neighbour and shopping destination as she urged the public conversation to focus on safety.
"I think for far too long, people were putting the issue of Fort William First Nation's economics at the forefront and that certainly is not the case," Soloman said. "It is our children and our elders going out on that highway."
The meeting came the same day as police charged a man with dangerous driving that resulted in a fatal collision on Highway 61 between the city and the First Nation last month. It took the life of 45-year-old Fort William First Nation member Rachel Legarde.
Collins has forwarded his concerns to the Ministry of Transportation over the highway route to Chippewa Road, which has replaced James Street as the path between the city and the First Nation. On Wednesday, he offered further recommendations.
"There's a race lane -- we call it a race lane now -- on the outer edge of southbound traffic so if we can get them to close that with some kind of median, that would be great," he said.
Traffic heading from the city to the First Nation turns left across Highway 61 down Chippewa Road, which becomes City Road at its intersection with James Street, within sight of the burned out bridge.
The city's proposed 2017 budget includes LED lighting upgrades on City Road but the First Nation's leadership has been seeking a partnership to light the stretch to the west of James Street for years.
Fort William First Nation director of lands and properties Ian Bannon said he had assurances from former Thunder Bay city manager Tim Commisso that the city and the First Nation could partner on a project that would light the area safely. The city has taken no action on the file.
"What we were looking for was putting lighting on that stretch of road in the interim until such time as the bridge has a resolution," Bannon said. "To date, we haven’t seen any efforts whatsoever to put lighting there. That’s our main concern."
With the budget process underway and no costing analysis for the project ever conducted, Gale offered to hold future meetings on the subject.
"The challenge the city faces is existing hydro poles set far back from road and the proposition for improving the lighting is an extraordinarily expensive proposition," Gale said as he offered to meet with the First Nation's representatives.
"I need to say up front, this is a very expensive proposition."
