Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 136 [542] On June 15, 2001, Mr. Loeks sent a letter to Mr. Ballantyne, this time dealing with the TSA. This letter is found in Exhibit P-80, Tab 82. Mr. Loeks said: DIAND will be in a position to release an RFP for two 30,000m 3 /yr 5-year THAs in Southeast Yukon by the end of June. This will help to relieve the department of a nagging commitment and a serious public controversy. However, it will not substantially solve the problem faced by industry, since the THAs are small relative to expected industry demand. 2010 FC 495 (CanLII) … Currently new inventory data are available, and there is betterinformed thinking about assumptions. Therefore DIAND, the Yukon Government, industry, and stakeholders agree that a new TSA is needed to provide the basis for better certainty to guide planning and management for all parties in SE Yukon. An important objective is also to provide a TSA that can be accepted by all parties. Several companies – and much of the town of Watson Lake – insist that it is imperative that the TSA be done quickly. They were promised THAs more than a year ago and they feel that the size of the THAs that will be offered is inadequate at best, and is evidence of bad faith at worst. In a recent meeting with DIAND and YTG, South Yukon Forest Corporation stated that they will be forced out of business if DIAND remains limited by the existing harvest ceiling. … Compared with forest districts elsewhere, Southeast Yukon is not a complex area for resource values. As a planning area, it is further simplified by its topographical constraints and by relatively low levels of resource competition. … If SYFC loses a fair THA bid, so be it. On the other hand, there will be vicious recriminations if they collapse because government takes another half-year to provide planning certainty. (Emphasis added)
Page: 137 [543] At this time the joint venture mill had been closed since August 4, 2000, for want of adequate supplies of timber. [544] Mr. Pat MacDonell, a respected forester, was hired by DIAND to work on the THA process. He sent an email on June 19, 2001 to Mr. Gay at DIAND. Mr. MacDonell noted that the harvest ceiling of 128,000 m 3 was made pursuant to the Henry Report, and he said that it was conservative, 2010 FC 495 (CanLII) in part, due to unsettled land claims. [545] Mr. MacDonell also recommended that it was time for a new TSA. He acknowledged that a number of TSAs had been completed since 1998. He stated that all TSAs are valid, including the Timberline Report #2 where access constraints were removed and a timber supply of 400,000 m 3 was found. He also noted that DIAND does not conduct economic viability studies; industry must determine if it can successfully proceed. This email is found in Exhibit P-79, Tab 340. [546] In September 2001, the Department released a second and significantly decreased draft RFP to grant a THA. This draft RFP was in accordance with the proposal by Mr. Loeks to release small THAs, that would not sustain SYFC, but would relieve the “nagging commitment”. Each THA was offered with a volume up to 150,000 m 3 over five years, that is 30,000 m 3 per year. This document is in Exhibit 79, Tab 349. [547] The “real” request for proposals for Watson Lake THAs was issued by DIAND on October 2, 2001. The “Timber Harvest Agreements: Request for Proposals Watson Lake, Final Version”,
- 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 and 134: Page: 133 [531] As mentioned earlie
- Page 135: Page: 135 explained to YCS that the
- Page 139 and 140: Page: 139 without the promised timb
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- 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
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- Page 169 and 170: Page: 169 [660] In Childs v. Desorm
- Page 171 and 172: Page: 171 [668] This reliance by th
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- Page 185 and 186: Page: 185 [726] In my opinion, the
Page: 136<br />
[542] On June 15, 2001, Mr. Loeks sent a letter to Mr. Ballantyne, this time dealing with the TSA.<br />
This letter is found in Exhibit P-80, Tab 82. Mr. Loeks said:<br />
DIAND will be in a position to release an RFP for two 30,000m 3 /yr<br />
5-year THAs in Southeast Yukon by the end of June. This will help<br />
to relieve the department of a nagging commitment and a serious<br />
public controversy. However, it will not substantially solve the<br />
problem faced by industry, since the THAs are small relative to<br />
expected industry demand.<br />
2010 FC 495 (CanLII)<br />
…<br />
Currently new inventory data are available, and there is betterinformed<br />
thinking about assumptions. Therefore DIAND, the Yukon<br />
Government, industry, and stakeholders agree that a new TSA is<br />
needed to provide the basis for better certainty to guide planning and<br />
management for all parties in SE Yukon. An important objective is<br />
also to provide a TSA that can be accepted by all parties.<br />
Several companies – and much of the town of Watson Lake – insist<br />
that it is imperative that the TSA be done quickly. They were<br />
promised THAs more than a year ago and they feel that the size of<br />
the THAs that will be offered is inadequate at best, and is evidence of<br />
bad faith at worst. In a recent meeting with DIAND and YTG, South<br />
Yukon Forest Corporation stated that they will be forced out of<br />
business if DIAND remains limited by the existing harvest ceiling.<br />
…<br />
Compared with forest districts elsewhere, Southeast Yukon is not a<br />
complex area for resource values. As a planning area, it is further<br />
simplified by its topographical constraints and by relatively low<br />
levels of resource competition.<br />
…<br />
If SYFC loses a fair THA bid, so be it. On the other hand, there will<br />
be vicious recriminations if they collapse because government takes<br />
another half-year to provide planning certainty.<br />
(Emphasis added)