Federal Court - Christian Aboriginal Infrastructure Developments ...

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

22.01.2015 Views

Page: 180 determine the suitability of the mill at Watson Lake as a condition of KFR’s participation in the project. [708] I find that this occurred to ensure the accomplishment of the Department’s goals. These goals were also the Defendant’s goals. 2010 FC 495 (CanLII) [709] The proximity of the relationship is supported by the comments of Mr. Sewell at the meeting of April 7, 1999. The verbatim transcript, entered as Exhibit P-79, Tab 144, reveals the following exchange between Ms. Clark, of SYFC, and Mr. Sewell, RDG: JUNE CLARK: I guess what we need to understand is do we want this mill to succeed Is this a priority TERRY SEWELL: Yes, that’s been asked frequently, and I think it’s always been answered in the affirmative. [710] On May 6, 1999, Ms. Jane Stewart, then the Minister, responded to a letter from Mr. Fentie, the YTG Forest Commissioner. This response was entered as Exhibit P-79, Tab 162. Ms. Stewart said: I have asked my departmental officials in the Yukon Region to work closely with the company as I share your view of the importance of this mill to Yukon’s economy. I am advised that a number of recent meetings involving my staff, the Yukon government and SYFC have been positive and productive. I am hopeful that this partnership among our respective governments and industry will lead to satisfactorily addressing the challenges, and a successful and sustainable mill.

Page: 181 [711] I also note that there is documentary evidence that shows that SYFC was given “special access” to information relative to the wood supply and that DIAND was modifying its procedures to keep the wood supply moving to the Plaintiffs’ mill. [712] See for example Exhibit P-79, Tab 181. This is a DIAND internal email sent on June 2 nd by Ms. Guscott to Ms. Snider and Mr. Casey, in Ottawa. Ms. Guscott says in her email: 2010 FC 495 (CanLII) The call went far better than expected and really June, myself and company reps had discussed the issues in our weekly conference call and summer wood supply is on track. June was the SYFC rep on the call Monday (maybe a good sign – everyone was busy doing work work) … 7. The company were advised that we were holding a mill reserve of 30,000 cm that could be accessed to meet any shortfall, but ask them not to broadcast 8. The company we told straight out until we have a THA in place purchase locally is the only real option, and surprise they did not go off the deep end yet But most of there kind of shareholders have winter and summer wood supply. We have also agreed to streamline our processes when ever possible to keep supply going, but the company must work with permit holders to obtain necessary volume. 9. If we can keep up the pace we finally have June on the ropes and it is my intention to keep up the pace and keep her on the ropes. I do not anticipate any letters or heat seeking missels incoming. 10. We have started to establish trust with the company now the company has to deliver. (Emphasis added) [713] Significantly, this email also notes that the Regional Office was having a “weekly conference call” with SYFC about wood supply.

Page: 181<br />

[711] I also note that there is documentary evidence that shows that SYFC was given “special<br />

access” to information relative to the wood supply and that DIAND was modifying its procedures to<br />

keep the wood supply moving to the Plaintiffs’ mill.<br />

[712] See for example Exhibit P-79, Tab 181. This is a DIAND internal email sent on June 2 nd by<br />

Ms. Guscott to Ms. Snider and Mr. Casey, in Ottawa. Ms. Guscott says in her email:<br />

2010 FC 495 (CanLII)<br />

The call went far better than expected and really June, myself and<br />

company reps had discussed the issues in our weekly conference call<br />

and summer wood supply is on track. June was the SYFC rep on the<br />

call Monday (maybe a good sign – everyone was busy doing work<br />

work)<br />

…<br />

7. The company were advised that we were holding a mill reserve of<br />

30,000 cm that could be accessed to meet any shortfall, but ask them<br />

not to broadcast<br />

8. The company we told straight out until we have a THA in place<br />

purchase locally is the only real option, and surprise they did not go<br />

off the deep end yet But most of there kind of shareholders have<br />

winter and summer wood supply. We have also agreed to streamline<br />

our processes when ever possible to keep supply going, but the<br />

company must work with permit holders to obtain necessary volume.<br />

9. If we can keep up the pace we finally have June on the ropes and it<br />

is my intention to keep up the pace and keep her on the ropes. I do<br />

not anticipate any letters or heat seeking missels incoming.<br />

10. We have started to establish trust with the company now the<br />

company has to deliver.<br />

(Emphasis added)<br />

[713] Significantly, this email also notes that the Regional Office was having a “weekly<br />

conference call” with SYFC about wood supply.

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