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Security Costs Mainly Lawyers and Consultant Fees
December 2, 2004

Payments to high-priced lawyers, lobbyists and consultants, including Christine Silverberg, make up the bulk of the $1.2 million that Hamilton officials say was spent dealing with Red Hill Expressway protestors. Direct security costs such as fencing and guards appear to account for about 10% of the amount reportedly spent between July 2003 and May 2004.

The $1.2 million figure has been widely used to blame citizen opposition for rapidly rising expressway costs. It was released in mid-July by Guy Paparella, the city's Director of Strategic Initiatives, but Paparella refused to provide the details which CATCH has now obtained through Freedom of Information. Only summary financial information has been released at this point, excluding most details about how the money was spent.

The largest payments went to the outside law firm of Gowling Lafleur Henderson which collected $473,000, or more than 40% of the claimed protest costs. A further $175,000 was paid to former Calgary police chief Christine Silverberg, while $53,000 went to a firm hired by the city to lobby the provincial government.

About half of the Gowlings spending appears to have been used obtaining a court injunction in September 2003 to restrict public access to Red Hill Valley. That case pitted the city against six citizens - known as the Doe family - and was reported to have cost the city $235,000. The citizens defended themselves and collectively spent less than $1000.

Some of the remaining Gowlings bill may be connected to their work on a National Energy Board (NEB) environmental assessment approval to relocate a pipeline in the valley. During the summer and fall of 2003, Gowlings lawyer David Estrin submitted extensive legal arguments in an attempt to block the assessment.

The inclusion of $53,000 in payments to the professional lobbying firm Strategy Corp indicates that the city's definition of protest includes members of the provincial government. The provincial lobbyist registry reports that Strategy Corp was lobbying the Management Board of Cabinet, the Office of the Premier and Cabinet, MPPs, and various ministries. There isn't any indication which of these or how many were considered potential protestors.

Most of the rest of the money went to LTD & Associates, who describe themselves on their website as "investigative and security research consultants". They billed the city for $364,000 of which slightly less than $118,000 is attributed to "security guards". The remainder appears to be for surveillance and "consulting services".

A little over $90,000 is attributed to unnamed construction contractors. Nearly $40,000 of this is listed as "external costs - lawyers, layout". Another $25,000 was for "standby time". Other components include $6,271.38 for "notice signs", $1,447.94 for "premium fence", $5,283.17 to "reinstall fence", $6,860.00 for "fencing at base of treesitters", $1,100 for "tree stand removal" and $5,290.29 for "longhouse removal, vests and lighting".

The total is $1,158,153.48 but has been rounded up in city statements to $1.2 million. The table below provides a summary.

Expenditure (July 2003 - May 2004)

Amount

Gowling Lafleur Henderson

473,085.43

Other outside lawyers

1,861.29

Christine Silverberg (CES & Associates)

174,862.13

StrategyCorp provincial lobbyists

53,052.15

LTD & Associates Inc.

364,297.91

Process Server

216.31

Construction contractors (lawyers, standby time, fencing, longhouse removal, etc)

90,778.26

TOTAL

1,158,153.48

© Citizens At City Hall (CATCH)