The RM of Dundurn has filed a class action lawsuit against the Canadian government over the closure of an access road through a military base south of Saskatoon.
In documents filed with the Federal Court on Dec. 14, the RM said the October 2014 closure of an access road across Canadian Forces Detachment Dundurn between the east and west side of the municipality violates a 1953 agreement between the parties.
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“The basis of the lawsuit is a betrayal (by the government) of an agreement and the agreement dates back to the 1950s – it was an exchange of land and an exchange of access to land with the promise of access to cross the base into the future,” RM of Dundurn’s litigation lawyer Jonathan Abrametz said.
“Lack of access has driven up everybody’s costs, it’s also disrupted patterns of buying, patterns of engaging in commerce. For example, the public can no longer get across and access the Dakota Dunes Casino and golf course through the base like they used to be able to.”
The RM said the closure “was taken precipitously, without notice or cause, and without affording the plaintiff, or members of the class, an opportunity of responding, or making representations, or preparing for such closure.”
It claims the closure has cost the RM and people who use to use the road “extra costs for transportation, extra costs in travel time, costs due to a lack of convenience and costs arising out of wrongful interference with economic issues.”
“The defendant has attempted to justify the closure of the Strathcona Road, and its breach of the agreement between the plaintiff and defendant, as a Force Protection and Security Measure.”
The Canadian Armed Forces previously told Global News continuous unrestricted public access through the base is not possible due to security and safety concerns.
“There is a provision in the agreement for live training exercises so that’s already been considered in the original agreement,” Abrametz said.
The RM is seeking $100 million in damages and $100,000 in punitive damages.
None of the allegations have been proven in court.
The issue came to head in April 2018 after a fire at the base.
Officials said the base is a huge barrier to Dundurn firefighters, who can’t protect certain residents in a timely fashion as they can’t cut across detachment lands.
Crews currently have to go around the base, resulting in up to 45 minutes for crews to arrive at a call in the northwest corner of the municipality.
The RM said in June it has asked the base to open up one of two roads to allow for quicker response times to calls.
The military has said there is an agreement in place to allow emergency vehicles and authorities through the base at any time, provided there is an escort.
With files from Meaghan Craig
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