Federal Court - Christian Aboriginal Infrastructure Developments ...

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[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.