Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 134
[535] On May 8, 2001, Mr. David Loeks, of TransNorthern Management completed the “Final
Report: Timber Harvest Agreement Consultations and Analysis” (the “Loeks Report”), entered as
Exhibit P-6. This report was prepared for Mr. Ballantyne, Director Renewable Resources, DIAND
Yukon Region and Mr. Gay, Regional Manager, Forest Resources, DIAND Yukon Region. Mr.
Loeks had been contracted by DIAND to perform consultation and analysis on the draft RFP that
2010 FC 495 (CanLII)
was released in September 2000.
[536] Mr. Loeks recommended releasing an RFP for two THAs of a mere 30,000 m 3 . He
suggested that the existing short-term TSA, with a maximum volume of 128,000 m 3 of timber per
year, was a constraint on the issuance of any THA. However, he also noted that “without a secure
timber supply, several companies are likely to go out business”.
[537] It is clear from the evidence, including the closure of the mill, that this warning about
companies going out of business specifically relates to SYFC.
[538] This report was followed by an email on May 11 th from Mr. Loeks to Mr. Ballantyne
concerning the YCS. This email was sent as a part of his duties for DIAND. This email was entered
as Exhibit P-76.
[539] In his email, Mr. Loeks mentioned concern about a possible “media war” with the YCS. He
included in his message to Mr. Ballantyne the email he had sent to YCS. In that email Mr. Loeks