Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 239
James Moore. That meeting was held by teleconference between Ottawa and Whitehorse on April 7,
1999. A verbatim transcript of the meeting is Exhibit P-79, Tab 144. According to that transcript,
DIAND agreed to “err on the side of economic development.” The Department also made
commitments as to when long-term tenure would be available. It is clear from the discussion that the
Plaintiffs’ mill was very important to DIAND and they would take all legal steps to assist the mill.
2010 FC 495 (CanLII)
[914] It was also a relevant consideration that as the Watson Lake mill re-opened in 1999, DIAND
authorized release of the mill fund for the purpose of allowing KFR to invest in the Plaintiffs’ mill;
see Exhibit P-80, Tab 55.
[915] In the spring of 1999, the Department informed the Plaintiffs that 190,520 m 3 of timber
would be available for the next harvesting season. This volume of timber was substantially more
than the Department had previously indicated as available for harvesting. It was also almost the
amount required by the mill, that is 200,000 m 3 . This increase in available timber was a positive
factor in considering that the Plaintiffs’ continued operation of the mill was reasonable.
[916] In this context and in these circumstances, it was reasonable for the Plaintiffs to stay in
Watson Lake and to continue with the operation of the mill. When SYFC first raised the prospect of
relocating, the Defendant’s response was to convene a meeting at a high level, involving both
Headquarters in Ottawa and the Regional Office in Whitehorse, and to make very specific
commitments to the Plaintiffs about the timelines for issuing a THA. As noted in Atlantic Leasing,