Federal Court - Christian Aboriginal Infrastructure Developments ...

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[860] The Defendant drew the Court’s attention to the fact that mill had received 215,000 m 3 in
the period of May 1999-August 2000. It is clear from the Defendant’s representative, Mr. Sewell,
and the documentary evidence, that the Department was aware that the volume of timber necessary
to operate the mill was 200,000 m 3 per year.
[861] The evidence of Mr. Spencer, and the evidence contained in the Response to the Request to
2010 FC 495 (CanLII)
Admit, was that the mill was built to efficiently process an average log size of 7 inches. The
documentary evidence confirms that small logs are most common in Yukon. These logs are referred
to as “pulpwood” size in many of the reports.
[862] It is a fact that the Defendant knew the profile of timber for which the mill was constructed;
see p. 2922 of the transcript and Exhibit D-11, Tab 196. In fact, the profile necessary for the mill
had been discussed between the SYFC and the Department; see Exhibit D-11, Tab 111.
[863] I accept the evidence that DIAND was issuing permits in “old areas”, meaning previously
cut, and in areas where the timber was below average in size; see for example Exhibit P-79, Tab
316. This resulted in the wrong log profile, a below average size log, being delivered to the mill
yard; see Exhibit D-11, Tab 127 and the Response to the Request to Admit.
[864] The evidence shows that sawmills are designed around a certain profile sized log.
Processing logs that are either too large or too small decreases the efficiency of the mill. For both of