Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 208
Director of Renewable Resources. The “nagging commitment” refers to a commitment made by the
Minister.
[792] There is no direct evidence as to the commitment made by Minister Nault because he did
not testify.
2010 FC 495 (CanLII)
[793] The change in the volume of timber that is offered in the RFP is much lower than the
volume discussed in Timberline #2 and the draft RFP. It appears that the Regional Office was
actively circumventing the Minister’s commitment by reducing the volume on offer to two 30,000
m 3 THAs.
[794] Mr. Sewell testified that he was unaware of any instructions given to revert to Timberline
#1, and not follow the recommendations in Timberline #2. The reversion to Timberline #1 was
problematic since the first draft RFP, based on Timberline #2, was the RFP upon which the
Department conducted consultations from September 2000 to September 2001. In September 2001,
the second draft RFP was released without explanation.
[795] It is a matter of fact that the Department knew that the volumes contemplated were
insufficient for the existing mill. I refer to Exhibit P-79, Tab 116, an internal email sent by Mr.
Sewell, to other DIAND staff, in March 1999. In that email Mr. Sewell said, “I think we all realize
that THAs are the solution not a 5,000 cu metre increase and a three year tenure when the mill is
looking for 200,000 cu metres.”