Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 120 [476] Two days after Mr. Kennedy presented Mr. Monty with his proposal for getting the THA process back on the timetable, Mr. Monty sent a letter to Mr. Ballantyne. The letter addressed the timelines for the THA process. [477] Mr. Monty sent this letter as the Chair, THA Working Group. It is not an internal memorandum. It was written as an external communication from the Working Group to DIAND, 2010 FC 495 (CanLII) notwithstanding that Mr. Ballantyne is Mr. Monty’s supervisor. [478] Mr. Monty stated that the Working Group had recognized that the public input on the process indicated a desire for more consultation. As such, the projected date for negotiations was extended to March 2001 with a caution that September 2001 may be more appropriate. [479] I note that Mr. Kennedy was also a member of the THA Working Group. [480] There is a handwritten note on this exhibit, signed by Mr. Ballantyne, that is addressed to Mr. Monty. Mr. Ballantyne says, “[a]s discussed we have to keep with the timelines contained in the public document on THAs under “Next Steps” Minister committed to timelines.” [481] On June 22, 2000, SYFC wrote to Alan Chisholm, HRDC. This letter, written by Mr. Alan Kerr, said that the Board of SYFC had approved funding of up to $14,500,000 for Phase 2 on condition that there be financial participation from the Canada Jobs Fund and the YTG, and that the THA process continued as presented by DIAND. This letter is found at Exhibit D-11, Tab 92.
Page: 121 [482] However, there is another letter in Exhibit D-11, Tab 93, also dated June 22 nd , from SYFC to Mr. Chisholm in which Mr. Kerr said that no funding would be approved by SYFC until SYFC had been approved as eligible for a THA and until HRDC had approved partnership funding for Phase 2. 2010 FC 495 (CanLII) [483] These letters are consistent. They both identify the required prerequisites to any further funding commitment by SYFC and I so find. [484] SYFC issued a press release on June 26 th . In that press release, entered as Exhibit D-11, Tab 134, SYFC informed the public that they would be shutting down operations on June 30 th . The closure occurred due to the timing of CTP issuance. SYFC indicated that the length of the closure would depend on the ability to have certainty of a continuous supply of timber to take the mill through the summer and winter harvest seasons. [485] With the closure of the mill, 125 direct jobs were lost. At that time, the mill was the largest single private employer in the Yukon Territory. [486] On June 29 th , Mr. Monty sent an email to Mr. Ballantyne, Re: THA Process. This email was entered as Exhibit P-46. In this email Mr. Monty provided his supervisor with an update on the Working Group’s thinking to date: We propose issuance of small THA s to those individuals who have proven mill capacity over the last two years (ie Bowie, Dakawada,
- 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
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- 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 and 116: Page: 115 regulations would impleme
- Page 117 and 118: Page: 117 [464] There was another m
- Page 119: Page: 119 [472] Mr. Ballantyne, the
- 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
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- Page 153 and 154: Page: 153 [598] Both the Plaintiffs
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- 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
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- Page 167 and 168: Page: 167 [653] In Design Services
- Page 169 and 170: Page: 169 [660] In Childs v. Desorm
Page: 121<br />
[482] However, there is another letter in Exhibit D-11, Tab 93, also dated June 22 nd , from SYFC<br />
to Mr. Chisholm in which Mr. Kerr said that no funding would be approved by SYFC until SYFC<br />
had been approved as eligible for a THA and until HRDC had approved partnership funding for<br />
Phase 2.<br />
2010 FC 495 (CanLII)<br />
[483] These letters are consistent. They both identify the required prerequisites to any further<br />
funding commitment by SYFC and I so find.<br />
[484] SYFC issued a press release on June 26 th . In that press release, entered as Exhibit D-11, Tab<br />
134, SYFC informed the public that they would be shutting down operations on June 30 th . The<br />
closure occurred due to the timing of CTP issuance. SYFC indicated that the length of the closure<br />
would depend on the ability to have certainty of a continuous supply of timber to take the mill<br />
through the summer and winter harvest seasons.<br />
[485] With the closure of the mill, 125 direct jobs were lost. At that time, the mill was the largest<br />
single private employer in the Yukon Territory.<br />
[486] On June 29 th , Mr. Monty sent an email to Mr. Ballantyne, Re: THA Process. This email was<br />
entered as Exhibit P-46. In this email Mr. Monty provided his supervisor with an update on the<br />
Working Group’s thinking to date:<br />
We propose issuance of small THA s to those individuals who have<br />
proven mill capacity over the last two years (ie Bowie, Dakawada,
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