The Detroit International Bridge Company (“DIBC”) and its subsidiary the Canadian Transit Company (“CTC”) (collectively, “Claimant”) respectfully submit this memorial in opposition to the June 15, 2013 Memorial On Jurisdiction And Admissibility (“Canada Memorial”) submitted by the Government of Canada (“Canada”).

PRELIMINARY STATEMENT

1. Claimant is an American business that owns and operates the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan and Windsor, Ontario. The Ambassador Bridge is the single largest trade crossing between the United States and Canada. Claimant is the owner of the statutory franchise rights granted through concurrent and reciprocal legislation enacted by the United States Congress and the Canadian Parliament in 1921. The reciprocal statutes enacted by each country granted Claimant the right to “construct, maintain, and operate” this bridge crossing between Detroit and Windsor. That statutory franchise had no time limit when it was granted, and no time limit has ever been imposed by the United States Congress and the Canadian Parliament. Based on that statutory franchise, Claimant’s predecessor built what at the time was the longest suspension bridge in the world, and again based on that statutory franchise, Claimant has managed and maintained the bridge successfully for decades.

2. Based upon its statutory franchise, Claimant has been trying for several years to build a new twin span to its Ambassador Bridge (the “New Span”). Since the Claimaint’s statutory franchise includes the right to “maintain” its bridge, and has no termination date, Claimaint’s franchise rights include the right to build such a New Span. Indeed, the State Department of the United States confirmed in 2005 that the legislation creating Claimant’s franchise authorized Claimant “to expand (or twin)” its existing bridge, including by building the proposed New Span, without obtaining any further Congressional approval (as would be required of a new bridge).1

3. While traffic levels have actually declined quite dramatically over the past decade, Claimant seeks to build its proposed New Span in order to upgrade and improve the infrastructure of the Ambassador Bridge and to lower the costs and disruption of maintaining the existing bridge. Also, by virtue of an expanded number of lanes, the New Span would improve the efficiency with which passenger cars and commercial trucks can be funneled into the appropriate customs lane on each side of the border, thereby shortening the time it takes for vehicles to pass through customs. While the bridge is currently in excellent shape and is projected to remain as such for many years, it is over 80 years old and therefore Claimant desires to ensure that new infrastructure is put in place so as to preserve the longevity of a first class, reliable bridge franchise in perpetuity.