Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 116 [460] The Timberline Report #1 examined the development of two types of THAs: large, 30,000 – 150,000 m 3 of timber per year, and small, less than 30,000 m 3 of timber per year. In the analysis, the report relied upon the existing TSA prepared by Mr. Henry. However, it criticized the use of the even-flow harvest constraint and the inclusion of a 30 percent non-specific reserve. The report said that these factors caused the AAC to be artificially low with a resulting “high mortality loss of coniferous area due to an under utilization of the resource in the long-term”. The report also 2010 FC 495 (CanLII) acknowledged that the age of the forest inventory data was of significant concern. [461] In Timberline Report #1, several different THA configurations were modelled. All of these models utilized long-term timber, that is timber not limited by the 10 kilometre access constraint. In all models the long-term wood supply was significantly in excess of that provided for in the preliminary TSA. [462] The difficulties in maintaining a constant, adequate supply of timber continued, as disclosed by the emails between SYFC and DIAND on March 1 st . These emails are found in Exhibit D-81, Tab 95. [463] The joint venturers held a further meeting among themselves on April 7 th . The minutes of this meeting are found in Exhibit D-11, Tab 127. The important matters discussed at that meeting were concerns raised about Mr. Brian Kerr, concerning his spending and lack of forestry experience, and the log profile that was being received at the mill. Mr. Fehr expressed concerns about continuing the operation if the correct log profile could not be brought into the mill yard.
Page: 117 [464] There was another meeting between DIAND and SYFC on April 27 th . In a series of emails to DIAND found at Exhibit D-81, Tab 193, Ms. Clark set out SYFC’s understanding of that meeting. The response to her emails from Mr. Ballantyne is included in this exhibit. [465] The Council of Yukon First Nations (the “CYFN”) sent a letter, dated June 8 th , entered as 2010 FC 495 (CanLII) Exhibit D-71, expressing dissatisfaction with the proposed THA process and suggesting that the THA process be deferred until a formalized tri-partite agreement was reached among the Yukon First Nations, DIAND and YTG. However, the CYFN supported the allocation of short-term tenures while the appropriate planning exercises and consultation occurred. [466] Exhibit D-72 is a summary of public comments received by DIAND on the April 2000 discussion paper. This exhibit also includes a cover letter from Mr. Monty dated June 16, 2000. SYFC had provided its comments on the THA development process. [467] Minister Nault, Mr. Sewell, and Ms. Guscott met with the Yukon Forest Industry Association (“YFIA”) over the May long weekend. Among the industry participants were the Kerr brothers. At this meeting, SYFC indicated to the Minister that they were planning to progress to Phase 2 of their business plan. The Minutes of this meeting are found in Exhibit P-79, Tab 282. [468] In discussion with the YFIA, the subject of volume of timber possible in a CTP was discussed. At that time, Minister Nault likened the 15,000 m 3 allocation of timber per year to
- 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 and 112: Page: 111 [439] On October 1, 1999,
- Page 113 and 114: Page: 113 [447] In October 1999, DI
- Page 115: Page: 115 regulations would impleme
- 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
- Page 157 and 158: Page: 157 from the evidence, and if
- Page 159 and 160: Page: 159 [616] Mr. Gurney is an un
- Page 161 and 162: Page: 161 Q. Did you understand the
- Page 163 and 164: Page: 163 [633] Mr. Madill was anot
- Page 165 and 166: Page: 165 [643] Having regard to th
Page: 117<br />
[464] There was another meeting between DIAND and SYFC on April 27 th . In a series of emails<br />
to DIAND found at Exhibit D-81, Tab 193, Ms. Clark set out SYFC’s understanding of that<br />
meeting. The response to her emails from Mr. Ballantyne is included in this exhibit.<br />
[465] The Council of Yukon First Nations (the “CYFN”) sent a letter, dated June 8 th , entered as<br />
2010 FC 495 (CanLII)<br />
Exhibit D-71, expressing dissatisfaction with the proposed THA process and suggesting that the<br />
THA process be deferred until a formalized tri-partite agreement was reached among the Yukon<br />
First Nations, DIAND and YTG. However, the CYFN supported the allocation of short-term<br />
tenures while the appropriate planning exercises and consultation occurred.<br />
[466] Exhibit D-72 is a summary of public comments received by DIAND on the April 2000<br />
discussion paper. This exhibit also includes a cover letter from Mr. Monty dated June 16, 2000.<br />
SYFC had provided its comments on the THA development process.<br />
[467] Minister Nault, Mr. Sewell, and Ms. Guscott met with the Yukon Forest Industry<br />
Association (“YFIA”) over the May long weekend. Among the industry participants were the Kerr<br />
brothers. At this meeting, SYFC indicated to the Minister that they were planning to progress to<br />
Phase 2 of their business plan. The Minutes of this meeting are found in Exhibit P-79, Tab 282.<br />
[468] In discussion with the YFIA, the subject of volume of timber possible in a CTP was<br />
discussed. At that time, Minister Nault likened the 15,000 m 3 allocation of timber per year to
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