Federal Court - Christian Aboriginal Infrastructure Developments ...

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[783] This change to the harvest level was made without consultation.
[784] With respect to manipulation, I also refer to Mr. Kennedy’s memorandum of June 2, 1998,
where he expresses concern about manipulating the First Nations responses. Portions of this
memorandum are reproduced above. It was entered as Exhibit P-79, Tab 71.
2010 FC 495 (CanLII)
[785] In a memorandum dated June 16, 2000, entered as Exhibit P-44, Mr. Ballantyne responds to
Mr. Monty’s assertion that there is not enough wood for the Plaintiffs’ mill; a copy was also sent to
Ms. Guscott and Mr. Sewell. In this memorandum Mr. Ballantyne states:
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.
While the information you have provided in your letter is critical to
management decision making, I find it rather extraordinary that at
this late stage in the game, we are going to serve ourselves yet
another large serving of crow. More than a few may ask why we’ve
taken so long to identify the problem.
[786] Notwithstanding the very close relationship existing between the Defendant and the
Plaintiffs, the Department was prepared to stand silent, knowing that the Plaintiffs planned to
undertake a major mill expansion. The Department was ready to say nothing about its sudden
discovery that there was insufficient wood. There is no evidence that the Department informed the
Plaintiffs of this “discovery” until 2001.