Federal Court - Christian Aboriginal Infrastructure Developments ...

Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...

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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: 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.

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