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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 268<br />

petition was entered as Exhibit P-75. The Defendant’s servants in drafting this response provided<br />

the following information to the public and to Parliament:<br />

This harvest level accounted for only 4% of the territory’s estimated<br />

AAC. A recent harvest level of 354,000 m3 (1994-95) represents<br />

only 10.5% of the estimated AAC limit. Most other jurisdictions in<br />

Canada harvest well over 50% of their AAC limits.<br />

The estimated 1.8 million m3 AAC for the southeast Yukon is based<br />

on a comprehensive timber inventory of three southeast forest<br />

management units (Units Y01, LaBiche; Y02, Coal; and Y03, Liard).<br />

2010 FC 495 (CanLII)<br />

[1017] Mr. Monty’s testimony was also consistent with the view that the Defendant was concerned<br />

that the inventory was too high. When cross-examined about the purpose behind the preliminary<br />

TSA, Mr. Monty stated the following, at page 3319 of the transcript:<br />

Q. And as best you can remember today, recognizing this is a long<br />

time ago, and I'm not trying to embarrass you in any way, just tell<br />

us what it was that you can recall Mr. Henry's mandate to have<br />

been at that time, which gave rise to the preparation of this<br />

material<br />

A. The mandate was to basically determine a sustainable harvest<br />

cut level in YO2, YO3, and using appropriate modern techniques<br />

and appropriate -- most current information.<br />

Q. Now, sir, let's just step back for a minute. Through to the time<br />

that he was given that mandate, and I'm not going to review all of<br />

the history of what we've reviewed so far, given the nature of<br />

Minister Irwin's letter, was there reason that you had for looking to<br />

lower the number or raise the number<br />

A. No, My Lady, the reason was to ensure good stewardship.<br />

[1018] The Sterling Wood Report had provided an inventory of the sustainable yield of timber. It<br />

was rejected. The reliability or accuracy of that inventory, as discussed above, was in question. In<br />

Mr. Monty’s evidence the preliminary TSA was necessary to “ensure good stewardship”. I find,

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