Federal Court - Christian Aboriginal Infrastructure Developments ...

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[81] In brief, as Woodlands Manager, Mr. Heit was responsible for getting wood into the mill. In
that regard, he familiarized himself with the wood allocation system in Yukon and he did so before
the mill was built. He contacted employees of the Department and asked about the process of
applying for wood. He learned that there were two existing methods for allocating wood, that is the
commercial timber permit (“CTP”) process and a THA. Subsequently, Mr. Heit talked to local
2010 FC 495 (CanLII)
loggers about the allocation of timber under the CTP process.
[82] Mr. Heit, as the Woodlands Manager for SYFC, was responsible for ensuring a supply of
wood for the mill. He oversaw the execution of log purchase agreements during the periods that the
mill was operating. Those log purchase agreements related to the purchase of wood cut under the
CTP process and the availability of timber depended upon timely processing of permit applications
by the Department.
[83] Mr. Heit gave evidence about the necessity of a secure long-term timber supply, in terms of
relieving administrative pressures on the Department and allowing SYFC to plan forward in dealing
with the various matters associated with the issuance of CTPs. The ability to do forward planning,
knowing that there was a secure supply of timber, would contribute to more flexibility in economic
and market planning.
[84] Mr. Heit testified that SYFC made it clear from the beginning that it would require 200,000
to 215,000 m 3 of timber per year, to permit it to operate for 250 days a year. SYFC did not