Federal Court - Christian Aboriginal Infrastructure Developments ...

Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...

22.01.2015 Views

Page: 248 [944] Mr. Brian Kerr said that the B.I.D. Group was ready to become a part of the sawmill venture except for concerns about the “security of timber”. He testified that these concerns led to a meeting in Whitehorse in July 1997 between B.I.D., LPL and representatives of the Department. [945] Mr. Brian Kerr said that this was a pivotal meeting. He said that before the meeting there were “glaring holes” in the project, specifically in the construction and management areas of 2010 FC 495 (CanLII) expertise. This meeting was critical because it would determine if the B.I.D. Group would come onboard with their expertise. It would be the meeting that determined if the project would go ahead. [946] It was for this meeting that Mr. Fehr and Mr. Spencer, two capable businessmen, drove 17 hours to Whitehorse in July 1997, from Vanderhoof. This meeting was arranged by Mr. Brian Kerr with B.I.D., LPL and representatives of the Department, and was scheduled to be held at the DIAND offices. [947] Mr. Monty, for the Defendant, confirmed that this meeting occurred in July 1997 in Whitehorse, in the DIAND offices. He described the meeting as simply information sharing. However, his recollection of this meeting is entirely unsatisfactory. [948] The sole purpose of this meeting, according to Mr. Spencer, was to “get an understanding about the willingness to make available timber for the sawmill.” He said that the whole discussion, and focus of the meeting, was the “willingness to make available timber for the sawmill,” in the volume of 200,000 m 3 per year.

Page: 249 [949] Mr. Fehr’s evidence was that this meeting occurred because of his concern that “we needed some secure supply of timber if an investment was going to be made.” [950] Mr. Brian Kerr testified that DIAND stated that “you are the exact type of company that we’ve been looking for.” He believed this to be in relation to the regulatory changes that encouraged 2010 FC 495 (CanLII) local production. [951] He also testified that DIAND expressed concerned that there had been poor performance by forestry industry operators in the past. He says that DIAND “made it very clear that they weren’t prepared to carte blanche grant anybody timber before a facility was built, based on their previous experience.” He also testified that Mr. Gladstone said “you build the mill, you’ll get the wood.” [952] This concern about the past performance of the forest industry and the requirement to prove capacity is supported by the evidence of Mr. Fillmore, and by amendments to the CTP process. After 1995 it became necessary to prove capacity to be issued even a very limited CTP. [953] I find that this was a formal and scheduled meeting convened for the purpose of discussing the availability of timber supply, the proposed mill development and the Department’s willingness to commit to a supply of fibre.

Page: 248<br />

[944] Mr. Brian Kerr said that the B.I.D. Group was ready to become a part of the sawmill venture<br />

except for concerns about the “security of timber”. He testified that these concerns led to a meeting<br />

in Whitehorse in July 1997 between B.I.D., LPL and representatives of the Department.<br />

[945] Mr. Brian Kerr said that this was a pivotal meeting. He said that before the meeting there<br />

were “glaring holes” in the project, specifically in the construction and management areas of<br />

2010 FC 495 (CanLII)<br />

expertise. This meeting was critical because it would determine if the B.I.D. Group would come<br />

onboard with their expertise. It would be the meeting that determined if the project would go ahead.<br />

[946] It was for this meeting that Mr. Fehr and Mr. Spencer, two capable businessmen, drove 17<br />

hours to Whitehorse in July 1997, from Vanderhoof. This meeting was arranged by Mr. Brian Kerr<br />

with B.I.D., LPL and representatives of the Department, and was scheduled to be held at the<br />

DIAND offices.<br />

[947] Mr. Monty, for the Defendant, confirmed that this meeting occurred in July 1997 in<br />

Whitehorse, in the DIAND offices. He described the meeting as simply information sharing.<br />

However, his recollection of this meeting is entirely unsatisfactory.<br />

[948] The sole purpose of this meeting, according to Mr. Spencer, was to “get an understanding<br />

about the willingness to make available timber for the sawmill.” He said that the whole discussion,<br />

and focus of the meeting, was the “willingness to make available timber for the sawmill,” in the<br />

volume of 200,000 m 3 per year.

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