Federal Court - Christian Aboriginal Infrastructure Developments ...

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

22.01.2015 Views

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: 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

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