Federal Court - Christian Aboriginal Infrastructure Developments ...

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