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

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

caid.ca
22.01.2015 Views

Page: 162 misinformation to the Department. However, Mr. Ivanski also occasionally displayed a poor memory, notably in connection with Exhibit P-38, the final Sterling Wood Report. [629] Mr. Fillmore suffered from a poor memory, as appears from the transcript. He purported to refresh his memory prior to trial by referring to a journal which was not produced at trial. His reliability overall is diminished by the signs of a defective but selective memory. 2010 FC 495 (CanLII) [630] Mr. Monty’s most frequent response was “I don’t recall”. The frequency with which he responded with this answer can be seen in the transcript. The transcript also shows the frequency with which he referred to subjects that are not relevant to the issues in this action, for example outstanding land claims and consultations with the community. Mr. Monty was an unreliable witness. [631] Mr. Peter Henry was an earnest witness. He was a junior employee of the Department when LPL came on the scene. He conducted the work on the TSA according to the instructions given to him. [632] I do not impute to him personal knowledge of the manner in which, later, his work was manipulated by other employees of the Regional Office of DIAND in Whitehorse. To the extent that his evidence addressed relevant matters, he was credible.

Page: 163 [633] Mr. Madill was another witness who failed to impress me as credible. He did not recall having seen Exhibit P-38. He did not recall to whom he made inquiries concerning a FMP for Yukon. He could not recall whether anyone had provided him with the Draft Sterling Wood Report or the final report. [634] Mr. Madill could not recall if he had been informed of the existence of the Sterling Wood 2010 FC 495 (CanLII) Reports, either the draft or final versions. He did not recall if there was a FMP in place for Yukon. He did not recall if he was informed, while he was the Manager of Forest Resources that the AAC for southeast Yukon from the early 1990s to the mid 1990s was 350,000 m 3 . [635] Mr. Madill referred to a diary that he had maintained while he was working for DIAND but that diary was not available at the time he testified at trial. He offered two different explanations as to the unavailability of his diary. [636] At page 4027, Mr. Madill said that he did not recall the involvement of LPL in the mill operation in Watson Lake, independent of the joint venture. In practically the same breath, he said he recalled that Minister Irwin was involved in meetings about milling in the South Yukon, but then went on to say that he did not recall where he got that information. [637] Mr. Madill was a highly unsatisfactory witness. He was not credible. He backtracked, reversed himself and tried to backfill.

Page: 162<br />

misinformation to the Department. However, Mr. Ivanski also occasionally displayed a poor<br />

memory, notably in connection with Exhibit P-38, the final Sterling Wood Report.<br />

[629] Mr. Fillmore suffered from a poor memory, as appears from the transcript. He purported to<br />

refresh his memory prior to trial by referring to a journal which was not produced at trial. His<br />

reliability overall is diminished by the signs of a defective but selective memory.<br />

2010 FC 495 (CanLII)<br />

[630] Mr. Monty’s most frequent response was “I don’t recall”. The frequency with which he<br />

responded with this answer can be seen in the transcript. The transcript also shows the frequency<br />

with which he referred to subjects that are not relevant to the issues in this action, for example<br />

outstanding land claims and consultations with the community. Mr. Monty was an unreliable<br />

witness.<br />

[631] Mr. Peter Henry was an earnest witness. He was a junior employee of the Department when<br />

LPL came on the scene. He conducted the work on the TSA according to the instructions given to<br />

him.<br />

[632] I do not impute to him personal knowledge of the manner in which, later, his work was<br />

manipulated by other employees of the Regional Office of DIAND in Whitehorse. To the extent<br />

that his evidence addressed relevant matters, he was credible.

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