Councillor leads 'midway' march:
CN bans people from crossing yard

Winnipeg Free Press - Mary Agnes Welch
March 20, 2004

Transcona residents will march through CN's rail yard today to preserve a right they've enjoyed for 90 years. With a call to arms of "Let's Exercise our Civil Rights," Coun. Russ Wyatt is organizing the march to make sure CN won't use a recent strike as an excuse to close "the midway" -- a shortcut through the Symington Yards.

Since about 1912, the midway has allowed residents of South Transcona to trespass through CN's property to get to Pandora Avenue instead of walking kilometres around the rail yard.

During a month-long strike by CAW workers, which ended yesterday, CN began barring the public from the midway to keep staff and property secure during the strike.

Last week, 19-year-old Steven Craig was arrested and charged with trespassing after he used the midway to get to his bus stop.

Wyatt and MP Bill Blaikie took up Craig's cause, asking that the charges be dropped.

Wyatt and other local politicians have received calls of complaint from residents saying they had been kicked out of the midway or ticketed by CN police.

They have written to CN asking the midway be reopened and that all tickets and charges against trespassers be dropped.

Wyatt said an old piece of English common law called the Prescription Act guarantees the right of people to access private property if that right has been established through generations.

CN spokesman Jim Feeny said the company has long-standing concerns about the midway and is reviewing its policy.

"It's private property and we are under no obligation to provide access to people who have no legitimate business with CN," said Feeny.

Wyatt is asking residents who use the midway to meet at the Bond Street gate at noon today.

Go to Bill's special CN Strike section.