Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 297
[1123] With respect to the duration of the agreement, the implied representation of a long-term
adequate supply was for a 20 year supply.
[1124] Mr. Sewell’s evidence was that a THA had been “around” since the 1960s and had been
assigned to various enterprises before its assignment to KFR.
2010 FC 495 (CanLII)
[1125] Exhibit P-80, Tab 26, an internal DIAND document, stated that the THA which was
assigned to KFR in 1992, was signed in 1979. It also stated that the KFR THA would expire in
1999. The KFR THA confirms the Department’s prior conduct of granting THAs of a 20 year
duration.
[1126] I also refer to the context that was prevailing in southeast Yukon when LPL “came on the
scene” in 1996. At this time, as I have recounted earlier, regulatory changes concerning access to
timber were in contemplation and underway. The Department was seriously concerned about the
failure of KFR to build a mill, which was a condition for the assignment of the THA to KFR in the
first place. The time was right to encourage private industry to come in and build a mill. Such
encouragement was extended to LPL and later, to SYFC.
[1127] The evidence of Mr. Sewell, at page 4128 of the transcript, was that long-term tenure was
necessary for future economic development.