Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 186
Protect yourself and the director’s position, I do not feel we presently
deserve, through inaction, the same. Take care.
(Emphasis added)
[729] In a memorandum written by Ms. Guscott on June 8, 1998, entered as Exhibit P-79, Tab 72,
she expressed frustration with the criticisms of her staff. She also acknowledged that by the time
SYFC gets its CTP it will have been a four month process. In her signed handwritten notes she
states:
2010 FC 495 (CanLII)
In an effort to move forward, we decided to have a public meeting so
the company etc could address ‘significant’ concerns of public,
gov’t, FN’s, key stakeholders etc. I have a meeting with Justice at
2:30 pm to again have them give me their best legal advice on our
process, should we be subject to ‘any’ challenge.
(Emphasis in original)
[730] This foresight of liability continued as can be seen in Exhibit P-44. In this memorandum Mr.
Ballantyne, in commenting on the availability of wood supply, questions when SYFC should be
informed and says:
Given that South Yukon Forest Corporation is planning a $17 million
upgrade, you should prepare a strategy in the short term for how we
should break the news to them, that there isn’t enough wood. You
might also consider with Justice the ramifications of not advising the
company prior to their planned expansion.
(Emphasis added)
[731] Acknowledgement of the risk of legal liability for the Department’s conduct was also
expressed in a report completed by KPMG on July 18, 2000 for DIAND. This report was titled
“Yukon Timber Permit Process” (the “KPMG Report”) and was entered as Exhibit P-47.