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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 116<br />

[460] The Timberline Report #1 examined the development of two types of THAs: large, 30,000 –<br />

150,000 m 3 of timber per year, and small, less than 30,000 m 3 of timber per year. In the analysis, the<br />

report relied upon the existing TSA prepared by Mr. Henry. However, it criticized the use of the<br />

even-flow harvest constraint and the inclusion of a 30 percent non-specific reserve. The report said<br />

that these factors caused the AAC to be artificially low with a resulting “high mortality loss of<br />

coniferous area due to an under utilization of the resource in the long-term”. The report also<br />

2010 FC 495 (CanLII)<br />

acknowledged that the age of the forest inventory data was of significant concern.<br />

[461] In Timberline Report #1, several different THA configurations were modelled. All of these<br />

models utilized long-term timber, that is timber not limited by the 10 kilometre access constraint. In<br />

all models the long-term wood supply was significantly in excess of that provided for in the<br />

preliminary TSA.<br />

[462] The difficulties in maintaining a constant, adequate supply of timber continued, as disclosed<br />

by the emails between SYFC and DIAND on March 1 st . These emails are found in Exhibit D-81,<br />

Tab 95.<br />

[463] The joint venturers held a further meeting among themselves on April 7 th . The minutes of<br />

this meeting are found in Exhibit D-11, Tab 127. The important matters discussed at that meeting<br />

were concerns raised about Mr. Brian Kerr, concerning his spending and lack of forestry experience,<br />

and the log profile that was being received at the mill. Mr. Fehr expressed concerns about<br />

continuing the operation if the correct log profile could not be brought into the mill yard.

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