Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 40 [160] Mr. Monty first met Mr. Bourgh in 1996 and learned of the proposal to build a mill in Watson Lake. He attended a meeting on April 18, 1996 with LPL and was involved in other meetings over the next 4 years. [161] Mr. Monty testified at length about the development of forest management plans, with an emphasis on the need for sustainability. He referred to a report that was prepared for the Department 2010 FC 495 (CanLII) in 1990 by Dendron Resource Surveys Ltd. called “Development of a Forest Management Plan of the Southeastern Yukon” (the “Dendron Report”). He also referred to Volume 1 of a “Forest Management Plan for Southeastern Yukon” prepared by Sterling Wood Group Inc., dated March 1991 (the “Draft Sterling Wood Report”). He testified that in his understanding, this plan was not approved. This document, entered as Exhibit D-81, Tab 3 was a draft document. [162] A final version of the “Forest Management Plan for Southeastern Yukon” prepared by Sterling Wood Group dated August 1991 (the “Final Sterling Wood Report”), consisting of three volumes, was entered as Exhibit P-38 in the course of Mr. Monty’s cross-examination. [163] Mr. Monty gave evidence about the meetings and correspondence that he had with both the Plaintiffs and other public servants. [164] Mr. Peter Henry was the next to testify on behalf of the Defendant. He is a graduate of the University of Toronto and holds a bachelor of science in forestry. He began working with DIAND in 1990 as an inventory technician. He looked at the Dendron Report when it was delivered to the
Page: 41 Department early in his term of employment. He also looked at the Sterling Wood Report but was unable to say if he had reviewed the draft report dated June 1991 or the final report dated August 1991. [165] Between May 1996 and May 1999, Mr. Henry held the position of inventory and planning forester. For a period of time, he held the position of acting head of forest management. 2010 FC 495 (CanLII) [166] In September – October 1997, Mr. Henry was instructed to prepare a timber supply analysis (“TSA”). He did so, relative to six FMUs across the southern Yukon from west to east. These FMUs were chosen because complete forest inventory information was available for them. Mr. Henry characterized a “timber supply analysis” as analytical work done to support a policy decision on which an annual allowable cut could be based. He completed his report in March 1998. [167] Mr. Henry testified extensively about the process by which he developed his TSA. His evidence provided a detailed explanation of the use of geomatic information systems, the development of inventory and the environmental, social and political considerations involved in this process. [168] Mr. Henry’s report was not a forest management plan (“FMP”). A FMP is a high level policy document. It is designed to balance, and implement controls over, the various social, environmental, economic and political factors that must be considered with respect to forest use.
- Page 1 and 2: Federal Court Cour fédérale Date:
- Page 3 and 4: Page: 3 [7] This action was commenc
- Page 5 and 6: Page: 5 [16] On August 25, 2004, th
- Page 7 and 8: Page: 7 the appellant to serve and
- Page 9 and 10: Page: 9 [30] Both parties have subm
- Page 11 and 12: Page: 11 these documents for the tr
- Page 13 and 14: Page: 13 [42] Mr. Sewell provided g
- Page 15 and 16: Page: 15 [52] Mr. Leonard Bourgh wa
- Page 17 and 18: Page: 17 [62] Mr. Gurney operated a
- Page 19 and 20: Page: 19 [72] Mr. Brian Kerr was th
- Page 21 and 22: Page: 21 [81] In brief, as Woodland
- Page 23 and 24: Page: 23 with the LPL group; he rem
- Page 25 and 26: Page: 25 [97] Mr. Spencer also test
- Page 27 and 28: Page: 27 Keith Spencer on a regular
- Page 29 and 30: Page: 29 addressed meetings with DI
- Page 31 and 32: Page: 31 publications and a summary
- Page 33 and 34: Page: 33 [129] Mr. Irwin testified
- Page 35 and 36: Page: 35 Assessment Act, S.C. 1992,
- Page 37 and 38: Page: 37 [147] In his position as t
- Page 39: Page: 39 [156] Mr. Fillmore also ga
- Page 43 and 44: Page: 43 Report for Forest Manageme
- Page 45 and 46: Page: 45 with no particular respons
- Page 47 and 48: Page: 47 [192] Mr. Sewell testified
- Page 49 and 50: Page: 49 4. The powers, duties and
- Page 51 and 52: Page: 51 [205] In the introduction,
- Page 53 and 54: Page: 53 activity occurs. The total
- Page 55 and 56: Page: 55 any person or class of per
- Page 57 and 58: Page: 57 [225] In protest over the
- Page 59 and 60: Page: 59 described the LPL project
- Page 61 and 62: Page: 61 [238] The RIAS also explai
- Page 63 and 64: Page: 63 [246] For the sake of clar
- Page 65 and 66: Page: 65 [254] This was the context
- Page 67 and 68: Page: 67 [263] By 1996, according t
- Page 69 and 70: Page: 69 [270] Following the April
- Page 71 and 72: Page: 71 require 200,000 m 3 of tim
- Page 73 and 74: Page: 73 June 4, 1996. In his lette
- Page 75 and 76: Page: 75 [294] Mr. Ivanksi testifie
- Page 77 and 78: Page: 77 [303] This proposed invest
- Page 79 and 80: Page: 79 C. 1997 [311] In late 1996
- Page 81 and 82: Page: 81 Watson Lake area. I unders
- Page 83 and 84: Page: 83 [326] This report, prepare
- Page 85 and 86: Page: 85 [332] As previously noted,
- Page 87 and 88: Page: 87 D. 1998 [341] The first jo
- Page 89 and 90: Page: 89 [349] Mr. Henry explained,
Page: 41<br />
Department early in his term of employment. He also looked at the Sterling Wood Report but was<br />
unable to say if he had reviewed the draft report dated June 1991 or the final report dated August<br />
1991.<br />
[165] Between May 1996 and May 1999, Mr. Henry held the position of inventory and planning<br />
forester. For a period of time, he held the position of acting head of forest management.<br />
2010 FC 495 (CanLII)<br />
[166] In September – October 1997, Mr. Henry was instructed to prepare a timber supply analysis<br />
(“TSA”). He did so, relative to six FMUs across the southern Yukon from west to east. These<br />
FMUs were chosen because complete forest inventory information was available for them. Mr.<br />
Henry characterized a “timber supply analysis” as analytical work done to support a policy decision<br />
on which an annual allowable cut could be based. He completed his report in March 1998.<br />
[167] Mr. Henry testified extensively about the process by which he developed his TSA. His<br />
evidence provided a detailed explanation of the use of geomatic information systems, the<br />
development of inventory and the environmental, social and political considerations involved in this<br />
process.<br />
[168] Mr. Henry’s report was not a forest management plan (“FMP”). A FMP is a high level<br />
policy document. It is designed to balance, and implement controls over, the various social,<br />
environmental, economic and political factors that must be considered with respect to forest use.