Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 42
[169] Further, this preliminary TSA was directed to the CTP process, that is one year small
volume permits, and not to long-term tenure via the THA process. His report was called a
“preliminary” TSA because this was the first comprehensive approach to doing a TSA across
southern Yukon.
[170] In his preliminary TSA, Mr. Henry imposed a 10-kilometre access constraint. This meant
2010 FC 495 (CanLII)
that only that timber that was within that buffer from existing access routes was included in the
analysis. Mr. Henry testified that road access in Yukon is relatively poor. The 10-kilometre access
constraint was imposed in order to reduce the amount of road construction since, at the time, most
wood cutting in Yukon was done pursuant to the CTPs which were issued on an annual basis and
there was no guarantee that permit holders would be harvesting in the same area every year. As
previously mentioned, this TSA was intended to be applied to the CTP process. This road constraint
was a spatial constraint.
[171] Mr. Henry also testified that in preparing the preliminary TSA, he used the “even-flow”
approach. This is a harvest flow rule where the amount of timber being harvested in each projected
term has to be equal, as opposed to the “non-declining flow” where the volume harvested every
term increases but can never decrease. He testified that the even-flow approach is used in every
Canadian jurisdiction with the exception of British Columbia and Ontario.
[172] Mr. Henry’s evidence with respect to the use of the even-flow approach is contradicted by
the “Timber Supply Review for the Coal and Upper Liard Forest Management Units: Information