Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 130 The recommendation noted that forestry is one of the Yukon Region’s priorities. The recommendation commented on the anticipated benefits as follows: Has significant regional impact and wide ranging socio-economic benefits to Liard and Lower Post First Nation as well as Kaska Nation, town of Watson Lake and City of Whitehorse. Reinstatement of 125 jobs with SYFC in Watson Lake. Creating employment and business opportunities as a result of the upgrades. 2010 FC 495 (CanLII) [520] The recommendation also commented on the level of risk that was involved, as follows: The proposal was assess internally by the program manager, then reviewed/recommended by the Regional Director General. This project is considered to be medium to high risk due depending on ability to obtain adequate forest tenure to meet market demand. However, the THA environmental assessment is currently under way, management is in place and experienced workers are available to start operation immediately. (Emphasis added) [521] By letter dated September 19 th , Minister Nault wrote to Mr. Fentie, then M.L.A. for Watson Lake. This letter, found in Exhibit D-81, Tab 123, repeated the position taken by the Minister in writing to MP Hardy. The closure of the mill was taken seriously and the Department was exploring every available option in an effort to return the mill to production. [522] In September 2000, the Department released a draft RFP. The Plaintiffs characterized this as the “first trial balloon” relative to a proposal to grant a THA. This document is in Exhibit P-79, Tab 331. This draft RFP invited proponents to submit proposals for a THA. Four different THAs were contemplated in this document.
Page: 131 [523] The Hyland-Coal THA would have an AAC of approximately 90,000-105,000 m 3 of timber per year. Three other THAs would each be for 30,000 m 3 of timber per year. The tenure term would be for five years with provision for an extension of another five years on the basis of performance. December 4, 2000 was the deadline for proponents to submit all required elements of the RFP. 2010 FC 495 (CanLII) [524] The evaluation and selection criteria were particularly favourable to the Plaintiffs’ mill. They included, among other things, employment, existing plant, demonstrated experience, local processing and local participation, local hire and training initiatives. [525] By letter dated October 5 th , Mr. Don Oulton, Acting President of SYFC, wrote to Mr. Monty at the Regional Office of DIAND in Whitehorse. His letter addressed the THAs and SYFC’s response to them. Mr. Oulton posed several questions about the objectives, proposed approval process and requirements for specific aspects of forest management planning. [526] He further said in this letter that the responses to those questions would allow SYFC to make a thorough, complete and accurate THA proposal. This letter is found in Exhibit D-81, Tab 124. [527] As the submission date for RFP drew closer, the Federal election had intervened and the Department was prevented from finalizing the consultation process. Mr. Monty on November 7 th
- 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 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: Page: 129 [516] The closure of the
- 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 167 and 168: Page: 167 [653] In Design Services
- Page 169 and 170: Page: 169 [660] In Childs v. Desorm
- Page 171 and 172: Page: 171 [668] This reliance by th
- Page 173 and 174: Page: 173 [674] Similarly, the Defe
- Page 175 and 176: Page: 175 we would be interested in
- Page 177 and 178: Page: 177 happy with this decision)
- Page 179 and 180: Page: 179 [703] This high unemploym
Page: 131<br />
[523] The Hyland-Coal THA would have an AAC of approximately 90,000-105,000 m 3 of timber<br />
per year. Three other THAs would each be for 30,000 m 3 of timber per year. The tenure term would<br />
be for five years with provision for an extension of another five years on the basis of performance.<br />
December 4, 2000 was the deadline for proponents to submit all required elements of the RFP.<br />
2010 FC 495 (CanLII)<br />
[524] The evaluation and selection criteria were particularly favourable to the Plaintiffs’ mill.<br />
They included, among other things, employment, existing plant, demonstrated experience, local<br />
processing and local participation, local hire and training initiatives.<br />
[525] By letter dated October 5 th , Mr. Don Oulton, Acting President of SYFC, wrote to Mr. Monty<br />
at the Regional Office of DIAND in Whitehorse. His letter addressed the THAs and SYFC’s<br />
response to them. Mr. Oulton posed several questions about the objectives, proposed approval<br />
process and requirements for specific aspects of forest management planning.<br />
[526] He further said in this letter that the responses to those questions would allow SYFC to<br />
make a thorough, complete and accurate THA proposal. This letter is found in Exhibit D-81, Tab<br />
124.<br />
[527] As the submission date for RFP drew closer, the <strong>Federal</strong> election had intervened and the<br />
Department was prevented from finalizing the consultation process. Mr. Monty on November 7 th