Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 218 adequately issue CTPs; and third, quality and accuracy of permit documentation were below reasonable levels. [827] It is important to remember that KPMG only interviewed personnel from DIAND and the Department of Justice. The KPMG report expressed the opinions and beliefs of the Defendant at that time. 2010 FC 495 (CanLII) [828] As a result KPMG identified three broad areas for improvement. Of importance to this case is the observation that the planning function was not supporting the timber allocation and permitting process. Additionally, KPMG noted that the quality control function had not been integrated into the permitting process. It was noted that a number of instances had been observed where quality or accuracy had been below reasonably acceptable limits. [829] Second, the Minister commissioned a report by Mr. George Tough in 2001 after the November 2001 meeting with the YFIA. In April 2002, the Tough Report was produced. This report was entered as Exhibit P-79, Tab 379. [830] Several witnesses commented on this report, including Mr. Irwin and Mr. Sewell. Mr. Irwin and Mr. Sewell both said that the Tough Report was credible and that Mr. Tough was credible. In his report, Mr. Tough observed that the Yukon land space includes too many failed forest enterprises. He posed a critical question: “Where was DIAND”
Page: 219 [831] Of particular importance, Mr. Tough noted that: [w]hile the immediate stimulus for this assignment may have been issues related to the Watson lake area forest industry, it became apparent that many of those issues were, in one way or another, Yukon-wide. They were symptoms of broader problems in the forest policy and management system. Internal factors identified by Mr. Tough included management weaknesses and vacanies, staff moral and turnover, and understaffing. 2010 FC 495 (CanLII) [832] In my opinion, the deficiencies identified by KPMG and the Tough Report are breaches of the standard of care and I so find. [833] Both the KPMG Report and the Tough Report were written outside of the “material time” for complaints about the CTP process. However, these reports were written to address the problems within DIAND during the “material time”. There is no prejudice to the Defendant in the Court considering these reports. [834] While these reports describe much of the negligent conduct on the part of the Defendant, I need only refer to them as a summary. The evidence of the Defendant’s conduct is in the record and I am satisfied, on the balance of probabilities, that the Defendant breached the standard of care. The conduct of DIAND in this regard is established and documented in the Defendant’s documents. [835] There were continuing delays on the part of the Regional Office in processing the necessary reports and applications prior to the issuance of CTPs. They were authorizing cutting in areas
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Page: 218<br />
adequately issue CTPs; and third, quality and accuracy of permit documentation were below<br />
reasonable levels.<br />
[827] It is important to remember that KPMG only interviewed personnel from DIAND and the<br />
Department of Justice. The KPMG report expressed the opinions and beliefs of the Defendant at<br />
that time.<br />
2010 FC 495 (CanLII)<br />
[828] As a result KPMG identified three broad areas for improvement. Of importance to this case<br />
is the observation that the planning function was not supporting the timber allocation and permitting<br />
process. Additionally, KPMG noted that the quality control function had not been integrated into the<br />
permitting process. It was noted that a number of instances had been observed where quality or<br />
accuracy had been below reasonably acceptable limits.<br />
[829] Second, the Minister commissioned a report by Mr. George Tough in 2001 after the<br />
November 2001 meeting with the YFIA. In April 2002, the Tough Report was produced. This<br />
report was entered as Exhibit P-79, Tab 379.<br />
[830] Several witnesses commented on this report, including Mr. Irwin and Mr. Sewell. Mr. Irwin<br />
and Mr. Sewell both said that the Tough Report was credible and that Mr. Tough was credible. In<br />
his report, Mr. Tough observed that the Yukon land space includes too many failed forest<br />
enterprises. He posed a critical question: “Where was DIAND”