Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 48
IV. “THE LAY OF THE LAND”: CONTEXT
[196] In the mid to late 1990s, Yukon’s population was approximately 30,000 people. More than
25 percent of the population were First Nations people.
[197] The Yukon Territory covers an area of 48.3 million hectares. Of that total area, 27.5 million
hectares is forest land area. Only 7.5 million hectares of forest land is considered productive.
2010 FC 495 (CanLII)
Timber in Yukon grows slower than in the more southerly regions. This results in tight rings,
smaller knots and a higher tensile strength. As a result, lumber produced from Yukon timber is
particularly desirable in the Asian markets where these qualities are highly sought.
[198] The forest resources of the Yukon Territory lay within the legislative mandate of the
Government of Canada, pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7 and the Yukon
Timber Regulations, C.R.C. 1978, c. 1528. Control of the forest resources was transferred to the
Yukon Government by the Yukon Act, S.C. 2002, c. 7, effective April 1, 2003. The process of the
devolution of control of forest and other resources was ongoing for many years as appears from the
evidence of many of the Defendant’s witnesses, including Mr. Sewell, Mr. Monty, Mr. Fillmore,
Mr. Ivanski and many of the documents that were introduced as exhibits at trial.
[199] For the relevant time in this case, Yukon’s forest resources were under the control of the
Department. The legislative mandate of the Department is laid out in the DIAND Act. The Act
charges the Minister with the responsibility, powers and duties as contained within sections 4 and 5
of the Act, as follows: