Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 200
[771] Further examples of bad faith can be found within the documentary exhibits. There are
numerous instances of the Regional Office inaccurately presenting the situation to the Departmental
Headquarters in Ottawa and to other Ministers.
[772] A DIAND region backgrounder, written by Mr. Fillmore, on February 3 rd , was entered as
2010 FC 495 (CanLII)
Exhibit D-33. In this document Mr. Fillmore has incorrectly identified SYFC as South East Yukon
Forest Product. The Regional Office states:
DIAND senior officials met via conference call at 4 p.m. yesterday
afternoon to lay out a strategy for mill, South Yukon Forest Products,
to access long and short term timber supply to keep the mill open. In
the interim, the company has chosen the media as a mechanism to
gain leverage to access wood supply. The facts of the matter are that
South East Yukon Forest Products has never approached DIAND
and those involved in the issuance of permits until recently.
…
DIAND recognizes the desire of Yukon peoples to promote and
develop a local processing and value added industry. However, in
this case, part of the problem is that suppressed wood prices have had
a negative impact on the logging industry in the Yukon. This has
resulted in a reduced number of loggers requesting permits, or
delaying their project descriptions until they have secured a market
for their wood. In addition, others have decided not to log, as it is not
economically feasible. Further, part of the problem may also be the
low prices South East Yukon Forest Product is willing to pay for
wood.
(Emphasis added)
[773] On all of the evidence, the joint venturers, either LPL or SYFC, had been in constant contact
with the Department since 1995. I have previously accepted the evidence of the Plaintiffs that the
reason that the mill closed in December 1998 was a lack of timber. The supposition and explanation