Federal Court - Christian Aboriginal Infrastructure Developments ...

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[1394] There were many witnesses and an enormous number of documentary exhibits. Many of the
documents were produced by the Defendant from her files but that production, in spite of the great
volume of documents, was not complete.
[1395] In this regard, I note that the email accounts of certain key employees of the Defendant were
not produced. The copies of emails from those persons have been introduced from the accounts of
2010 FC 495 (CanLII)
the recipients and not from the accounts of the senders, specifically, the email accounts of Ms.
Guscott and Mr. Sewell.
[1396] As well, some of the emails that were produced indicate that they are forwarded messages.
However, they do not include the original message that had been forwarded. This means that the
email exhibits, which constitute business records under the Canada Evidence Act, tell the Court
what the recipient-responder says but not what the sender-speaker says. Examples of this are Exhibit
P-79, Tab 161, and Tab 313.
[1397] Additionally, certain key documents relating to this case were not produced by the
Defendant at all, but were retrieved by the Plaintiffs pursuant to access requests directed to both the
YTG and the Federal Government. These exhibits include Exhibit P-79, Tab 24, Tab 48 and Tab
361.
[1398] This invites inquiry as to why did not the Defendant herself disclose these documents.