LANSING – The agreement between Michigan and Canada setting up the framework to build the new bridge connecting Detroit and Windsor, Ontario, contains wording that seems to inoculate it from the ballot proposal that would mandate a statewide vote in favor of a new international border crossing, one of Lansing’s top attorneys says.

Attorney Richard McLellan released an analysis of the 54-page Crossing Agreement signed Friday by Governor Rick Snyder and Canadian Transport Minister Denis Lebel.

McLellan noted a section of the agreement that says: “Any reference to any Michigan Law, or to any section of or any definition in any Michigan Law … shall be deemed to be reference to such Law or section or definition in effect as at the date the Michigan Party became a Party.”

McLellan, in his analysis, says that is designed to prevent the proposed constitutional amendment from the owners of the Ambassador Bridge, who oppose the new crossing, from blocking the state’s participation in the agreement. The Moroun family is gathering signatures in hopes of putting a proposal before voters in November that says all new international border crossings not built before January 1, 2012, would require an affirmative statewide vote to proceed.

“Canada has required that, before it commits billions of dollars for the most important infrastructure project in their country, that its partner, Michigan, not be able to renege by changing its constitution,” McLellan wrote. “The Crossing Agreement is made on the representation by the State Michigan that its constitution and laws permit the agreement (and they do). A solemn contract between sovereigns, pursuant to powers delegated under the U.S. Constitution should not easily be overturned.”

McLellan’s analysis also highlights that, while Michigan and Canada share joint oversight of the project through the International Authority, the nitty-gritty of the work in putting together the requests for qualifications, request for proposals and draft of the public-private partnership will belong to the Canadian-appointed Crossing Authority. However, the agreement requires the Crossing Authority to consult with the Michigan participants as determined by the governor on those matters.

McLellan also says the agreement appears to clearly state that Michigan will not pay any money toward the bridge although that comes at the cost of control of the project.

“Since the state is not paying for this major international infrastructure project, its role is limited,” he said.

Snyder spokesperson Ken Silfven said the language identified by McLellan is routine.

“The language takes a standard approach when you’re putting together a contract or agreement,” he said. “The language would have been contained in the agreement regardless of the ballot issue.”

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