Federal Court - Christian Aboriginal Infrastructure Developments ...

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was the largest processing facility in Yukon and that it had proven capacity, it was not among those
listed by Mr. Monty. In Exhibit P-46, Mr. Monty stated:
We propose issuance of small THA s to those individuals who have
proven mill capacity over the last two years (ie Bowie, Dakawada,
YRT, a few others).
[800] From the beginning of the relationship between the parties, the Department had consistently
2010 FC 495 (CanLII)
maintained that there could be no long-term tenure agreements until a FMP was completed.
[801] As well, Mr. Monty testified that all land claims had to be settled before a THA could be
granted. However, this is inconsistent with the evidence of Mr. Sewell who testified that land claims
were an issue for YTG but not for DIAND.
[802] Nevertheless, the final RFP was released before a FMP was completed or land claims
settled. This indicates that the FMP and settled land claims were not true requirements, the
Department had abandoned these conditions, or the RFP was released in bad faith to absolve the
Department of its commitments.
[803] In the final result, this RFP was never acted upon.
[804] It is also clear that there was a level of animosity felt towards the joint venture, and Ms.
Clark of SYFC in particular, by Ms. Guscott. Ms. Guscott undertook what could be characterized as
a smear campaign.