Federal Court - Christian Aboriginal Infrastructure Developments ...

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

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Page: 36 [143] Mr. Sherstone gave evidence about internal DIAND discussions on the LPL proposal, his responsibilities as Acting Director Renewable Resources and the organization of DIAND’s Yukon Regional Office. [144] Mr. Michael Ivanski was then called to testify for the Defendant. At the time, he testified he 2010 FC 495 (CanLII) was the Director-General of Finance and Administration with the Department of Justice, Government of Canada. From 1997 to 2003, he was the Director-General of Finance for DIAND. Before that, he was the RDG for the Yukon region of the Department from July 1993 to July or August 1997. In that position, he managed all the departmental responsibilities for the Yukon region, including those related to forestry. At that time, more than 90 percent of the land base in the Yukon Territory was under federal jurisdiction. [145] As the RDG, Mr. Ivanski reported to the ADM, Northern Program for the Department. The ADM reports to the DM of the Department, who reports to the Clerk of the Privy Council. [146] Upon Mr. Ivanski’s arrival in Yukon in 1993, the forestry program was a regional one, without special demands. He visited Watson Lake to get an idea of the nature of the business. According to Mr. Ivanski, forestry was not a “problem” file when he arrived, but that changed and the forestry industry came under increasing scrutiny from the public and the forestry industry.

Page: 37 [147] In his position as the RDG, Mr. Ivanski had contact with LPL when the proposal to build the mill was first put forward. He met with LPL in early 1996, attended the Gold Show and responded to the LPL business proposal by letter dated June 6, 1996. [148] Mr. Ivanski gave evidence about the relevant forestry practices, policy, regulations and legislation. As well, he testified about, among other things, the process of development of 2010 FC 495 (CanLII) departmental communications, the meetings with LPL, and the correspondence to LPL and within the Department. [149] Mr. Russell Fillmore was then called. He is a graduate technician from the Forest Technical Program of the Ontario Forest Technical School. He has worked with the Ministry of Natural Resources for the Government of Ontario, with the Department of Renewable Resources for the YTG and with DIAND. He began employment with DIAND in March - April 1998 in the position of Regional Manager Forest Resources, for a one year term. [150] In that regard, he testified about email correspondence exchanged within the Department and with SYFC and LPL about accessing timber. He also testified about having made a tour of the mill in Watson Lake in the fall of 1998 just before the mill opened for operations. [151] He testified that while he was working with the Department in Yukon, he was unaware that SYFC had been given a guarantee of wood supply. At the same time, Mr. Fillmore was not aware of discussions between LPL or SYFC and the Department prior to the construction of the mill. Mr.

Page: 36<br />

[143] Mr. Sherstone gave evidence about internal DIAND discussions on the LPL proposal, his<br />

responsibilities as Acting Director Renewable Resources and the organization of DIAND’s Yukon<br />

Regional Office.<br />

[144] Mr. Michael Ivanski was then called to testify for the Defendant. At the time, he testified he<br />

2010 FC 495 (CanLII)<br />

was the Director-General of Finance and Administration with the Department of Justice,<br />

Government of Canada. From 1997 to 2003, he was the Director-General of Finance for DIAND.<br />

Before that, he was the RDG for the Yukon region of the Department from July 1993 to July or<br />

August 1997. In that position, he managed all the departmental responsibilities for the Yukon<br />

region, including those related to forestry. At that time, more than 90 percent of the land base in the<br />

Yukon Territory was under federal jurisdiction.<br />

[145] As the RDG, Mr. Ivanski reported to the ADM, Northern Program for the Department. The<br />

ADM reports to the DM of the Department, who reports to the Clerk of the Privy Council.<br />

[146] Upon Mr. Ivanski’s arrival in Yukon in 1993, the forestry program was a regional one,<br />

without special demands. He visited Watson Lake to get an idea of the nature of the business.<br />

According to Mr. Ivanski, forestry was not a “problem” file when he arrived, but that changed and<br />

the forestry industry came under increasing scrutiny from the public and the forestry industry.

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