Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... 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
Page: 135 explained to YCS that the DIAND Regional Office had accepted his recommendation on how to fulfill the Minister’s THA commitment. He further told YCS that DIAND would proceed due to Minister Nault’s commitment. [540] Mr. Loeks advised YCS that: The [Watson Lake] committee represents our collective best chance to get it right. If it falls apart, we all are back to where we were in September, but with a big difference: DIAND will move ahead regardless of media wars because they can convincingly demonstrate that they invested the time and money into good faith, even-handed consultation and process design. They will be forced to move ahead because of Nault’s committment. The basis for legal action has become threadbare, since DIAND has in fact done the right things since the autumn. 2010 FC 495 (CanLII) … Consistent with our many discussions and with the findings of both workships, I have recommended that a new TSA is necessary for Y02 and Y03 … The town of Watson Lake also wants hope of strengthening their economy. We all know that offering 60% of 128,000 m3/yr will guarantee that only 2 modest operations and the small mills will be able to open their doors. The larger outfits and the town’s interests will be left out in the cold. [541] The situation that existed in September 2000 was for four different THAs, including one of approximately 100,000 m 3 of timber per year. That is very different from the proposed maximum THA of 30,000 m 3 recommended by Mr. Loeks. The larger outfits to which Mr. Loeks referred without question included SYFC.
- 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 and 130: Page: 129 [516] The closure of the
- Page 131 and 132: Page: 131 [523] The Hyland-Coal THA
- Page 133: Page: 133 [531] As mentioned earlie
- 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 181 and 182: Page: 181 [711] I also note that th
- Page 183 and 184: Page: 183 [718] This is not the cas
Page: 135<br />
explained to YCS that the DIAND Regional Office had accepted his recommendation on how to<br />
fulfill the Minister’s THA commitment. He further told YCS that DIAND would proceed due to<br />
Minister Nault’s commitment.<br />
[540] Mr. Loeks advised YCS that:<br />
The [Watson Lake] committee represents our collective best chance<br />
to get it right. If it falls apart, we all are back to where we were in<br />
September, but with a big difference: DIAND will move ahead<br />
regardless of media wars because they can convincingly demonstrate<br />
that they invested the time and money into good faith, even-handed<br />
consultation and process design. They will be forced to move ahead<br />
because of Nault’s committment. The basis for legal action has<br />
become threadbare, since DIAND has in fact done the right things<br />
since the autumn.<br />
2010 FC 495 (CanLII)<br />
…<br />
Consistent with our many discussions and with the findings of both<br />
workships, I have recommended that a new TSA is necessary for<br />
Y02 and Y03<br />
…<br />
The town of Watson Lake also wants hope of strengthening their<br />
economy. We all know that offering 60% of 128,000 m3/yr will<br />
guarantee that only 2 modest operations and the small mills will be<br />
able to open their doors. The larger outfits and the town’s interests<br />
will be left out in the cold.<br />
[541] The situation that existed in September 2000 was for four different THAs, including one of<br />
approximately 100,000 m 3 of timber per year. That is very different from the proposed maximum<br />
THA of 30,000 m 3 recommended by Mr. Loeks. The larger outfits to which Mr. Loeks referred<br />
without question included SYFC.
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