Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 112 [444] To address the mill’s need for timber, Mr. Madill committed at the second meeting that all available timber to the harvest ceiling would be made available to eligible applicants. To help address the timber supply, he assured SYFC that the previous undercuts of wood that had accumulated since the completion of the TSA, would be available. Further, measures were taken that had never been employed in the past, specifically, DIAND sent letters to all eligible applicants. At this second meeting, SYFC repeated its position that if the mill shut down as a result of lack of 2010 FC 495 (CanLII) fibre, it would not open again. [445] Concerning the application and CTP processes for 1999, SYFC agreed that DIAND had met its original commitments. [446] Ms. Clark sent another email, on behalf of Mr. Alan Kerr, to Minister Nault on October 20 th , again referring to the urgent shortfall of winter wood. In this email, she refers to the meeting with Mr. Madill on October 19 th and says the following: We have demonstrated our commitment to the people of Watson Lake and the Yukon by living up to our commitments. We have also done everything we were asked to do and have made every effort to work constructively with you staff. Over the past year and a half, we have pointed out the flaws in the system and have asked for appropriate changes to allow for fibre security for our operation. The system for allocating wood in the Yukon has not been modified and is demonstrating that does not support the development of the Forest industry. This email is Exhibit D-11, Tab 29.
Page: 113 [447] In October 1999, DIAND commissioned Anthony-Seaman, consulting engineers, to evaluate the Watson Lake mill. DIAND wanted this evaluation in order to respond to the joint venturers’ request for relaxation of the tree harvesting standards to allow the mill to process larger top diameter. The Anthony-Seaman final report is dated December 2, 1999 and was entered as Exhibit P-79, Tab 226. 2010 FC 495 (CanLII) [448] This report found that the “existing level of technology in the South Yukon Forest Corporation sawmill at Watson Lake, is appropriate for the circumstances and log supply”. It was recommended that the next level of “value-added” include the ability to dry and plane the lumber. Further, the report recommended a cogeneration facility for better utilization of wood waste. [449] These recommendations are identical to the joint venturers’ plan for Phase 2. [450] By November 1999, the THA timeline had slipped again. In a DIAND THA document dated November 8 th , entered as Exhibit D-68, cutting was planned to be authorized for September 2000. This document also discussed two sizes of planned THA. The first type would be volumebased and authorize under 30,000 m 3 of timber per year. The second type would be between 30,000 – 150,000 m 3 of timber per year. [451] There were continuing problems with wood supply. In a further email on December 23 rd , again from June Clark to Mr. Madill, she advised that SYFC anticipated that there would be one
- Page 61 and 62: Page: 61 [238] The RIAS also explai
- Page 63 and 64: Page: 63 [246] For the sake of clar
- Page 65 and 66: Page: 65 [254] This was the context
- Page 67 and 68: Page: 67 [263] By 1996, according t
- Page 69 and 70: Page: 69 [270] Following the April
- Page 71 and 72: Page: 71 require 200,000 m 3 of tim
- Page 73 and 74: Page: 73 June 4, 1996. In his lette
- Page 75 and 76: Page: 75 [294] Mr. Ivanksi testifie
- Page 77 and 78: Page: 77 [303] This proposed invest
- Page 79 and 80: Page: 79 C. 1997 [311] In late 1996
- Page 81 and 82: Page: 81 Watson Lake area. I unders
- Page 83 and 84: Page: 83 [326] This report, prepare
- Page 85 and 86: Page: 85 [332] As previously noted,
- Page 87 and 88: Page: 87 D. 1998 [341] The first jo
- Page 89 and 90: Page: 89 [349] Mr. Henry explained,
- Page 91 and 92: Page: 91 It seems the goal of havin
- Page 93 and 94: Page: 93 [365] The Plaintiffs were
- Page 95 and 96: Page: 95 remained on the site for s
- Page 97 and 98: Page: 97 evidence, which is consist
- Page 99 and 100: Page: 99 [389] A meeting was held o
- Page 101 and 102: Page: 101 [396] These documents wer
- Page 103 and 104: Page: 103 location under a future C
- Page 105 and 106: Page: 105 [414] A briefing note, da
- Page 107 and 108: Page: 107 to shut down operations i
- Page 109 and 110: Page: 109 continuing delays by DIAN
- Page 111: Page: 111 [439] On October 1, 1999,
- Page 115 and 116: Page: 115 regulations would impleme
- Page 117 and 118: Page: 117 [464] There was another m
- Page 119 and 120: Page: 119 [472] Mr. Ballantyne, the
- Page 121 and 122: Page: 121 [482] However, there is a
- Page 123 and 124: Page: 123 [488] I note that on the
- Page 125 and 126: Page: 125 [498] Mr. Ballantyne said
- Page 127 and 128: Page: 127 [508] SYFC had announced
- Page 129 and 130: Page: 129 [516] The closure of the
- Page 131 and 132: Page: 131 [523] The Hyland-Coal THA
- Page 133 and 134: Page: 133 [531] As mentioned earlie
- Page 135 and 136: Page: 135 explained to YCS that the
- Page 137 and 138: Page: 137 [543] At this time the jo
- Page 139 and 140: Page: 139 without the promised timb
- Page 141 and 142: Page: 141 479 In some respects coun
- Page 143 and 144: Page: 143 B. Preliminary Issues [56
- Page 145 and 146: Page: 145 of action arising in that
- Page 147 and 148: Page: 147 [577] In responding to th
- Page 149 and 150: Page: 149 The plaintiff shall serve
- Page 151 and 152: Page: 151 20 For the reasons expres
- Page 153 and 154: Page: 153 [598] Both the Plaintiffs
- Page 155 and 156: Page: 155 … Liability for acts of
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- Page 159 and 160: Page: 159 [616] Mr. Gurney is an un
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Page: 112<br />
[444] To address the mill’s need for timber, Mr. Madill committed at the second meeting that all<br />
available timber to the harvest ceiling would be made available to eligible applicants. To help<br />
address the timber supply, he assured SYFC that the previous undercuts of wood that had<br />
accumulated since the completion of the TSA, would be available. Further, measures were taken<br />
that had never been employed in the past, specifically, DIAND sent letters to all eligible applicants.<br />
At this second meeting, SYFC repeated its position that if the mill shut down as a result of lack of<br />
2010 FC 495 (CanLII)<br />
fibre, it would not open again.<br />
[445] Concerning the application and CTP processes for 1999, SYFC agreed that DIAND had met<br />
its original commitments.<br />
[446] Ms. Clark sent another email, on behalf of Mr. Alan Kerr, to Minister Nault on October 20 th ,<br />
again referring to the urgent shortfall of winter wood. In this email, she refers to the meeting with<br />
Mr. Madill on October 19 th and says the following:<br />
We have demonstrated our commitment to the people of Watson<br />
Lake and the Yukon by living up to our commitments. We have also<br />
done everything we were asked to do and have made every effort to<br />
work constructively with you staff. Over the past year and a half, we<br />
have pointed out the flaws in the system and have asked for<br />
appropriate changes to allow for fibre security for our operation. The<br />
system for allocating wood in the Yukon has not been modified and<br />
is demonstrating that does not support the development of the Forest<br />
industry.<br />
This email is Exhibit D-11, Tab 29.