Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 251
commitments and they’ve been burnt.” He says that he was told that “the next THA that would be
given out in the Yukon the people would have to provide proof. They would have to basically build
a facility and prove that they had the capacity to operate it.” Mr. Alan Kerr believed that at this
meeting, there was a commitment that if you build the mill that the wood would be there.
[958] Mr. Brian Kerr was not cross-examined at all about the meeting in July 1997. Mr. Fehr was
2010 FC 495 (CanLII)
not cross-examined as to the substance of the July 1997 meeting. The only question was whether
Mr. Fehr had asked for the statements of the Department’s representatives to be put into writing; see
p. 1688 of the transcript. Similarly, Mr. Spencer was not asked any questions in cross-examination
about the commitments made by DIAND. He was asked about what geographic area the supply
would come from and if there was a request to put the commitment in writing; see p. 1561-1563 of
the transcript.
[959] Mr. Alan Kerr was cross-examined about the prior communications with LPL, with respect
to the prerequisites for issuance of a THA; see pages 1782-1791 of the transcript. However, he was
never directly asked about the commitment made by Mr. Monty and Mr. Gladstone at the July 1997
meeting. In a related question, Mr. Kerr was asked if any of the Defendant’s servants had ever
informed him that the completion of the THA prerequisites would not ensure issuance of a THA
Mr. Kerr answered, “My understanding from day one was that the company had to construct and
build a mill and employ local people as much as possible and a THA would be issued to the
company.”