Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 50 the mid-1990s of approximately 1500 people. Historically, there had been very high levels of unemployment in the community of Watson Lake. A road trip between Watson Lake and Whitehorse, along the Alaska Highway, was a journey of some 4 - 4 ½ hours duration. [202] There has been a forest industry in the Yukon Territory since the 1950s. The history of this industry has not been a positive one. George Tough noted that “[t]he Yukon landscape includes too 2010 FC 495 (CanLII) many failed forest enterprises” in his April 2002 report titled “Yukon Forest Issues: A Reality Check and a New Direction – A Report to the Minister of Indian Affairs and Northern Development” (the “Tough Report”). This history includes several forest company bankruptcies and the layoffs and personal hardships for employees, their families and their community that naturally follow. [203] The industry in 1990 consisted of one large sawmill operation and four smaller operations. The small operators relied upon 15,000 m 3 CTPs to supply their mills. The large operation, Yukon Pacific Forest Products, held a THA for 150,000 m 3 per year. In 1992, KFR purchased Yukon Pacific Forest Products and the THA was conditionally assigned to KFR. KFR is the operating entity of the LFN and the Lower Post First Nation. [204] In the early 1990s, the Department was concerned about rationalizing the commercial uses of the forest with other conflicting uses. The Dendron Report was produced in April 1990.
Page: 51 [205] In the introduction, the Dendron consultants describe Yukon forests as among the most productive in the world. They noted that the purpose of their study was to develop a framework for “the preparation of an integrated forest management plan of the southeastern Yukon” with reference to the FMUs of Y01, Y02 and Y03, that is the La Biche, Coal and Upper Liard management units, respectively. 2010 FC 495 (CanLII) [206] The Dendron Report noted that the AAC could be as low as 30,000 m 3 per year, if only large logs were considered, or greater than 1,000,000 m 3 per year if small “pulpwood” logs were included in the harvest. The Dendron Report explained that an AAC “expresses the ability of the planning area to support a certain level of wood production”. The AAC must be established, according to the Dendron Report, on a sustained-yield basis before a FMP can be implemented. The next step was to undertake a forest inventory, in conjunction with the development of a FMP. [207] Subsequently, the Sterling Wood Group Inc. was engaged to conduct a forest inventory and prepare a FMP. The Draft Sterling Report, entered as Exhibit D-81, Tab 3, was produced on January 6, 1991. The Final Sterling Report, marked as Exhibit P-38, was completed in August 1991. This document, that is the Final Sterling Report, was produced not by the Defendant in the course of pretrial discovery and disclosure of documents, but by the Plaintiffs, in the course of the crossexamination of Mr. Monty, a witness for the Defendant.
- 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 and 40: Page: 39 [156] Mr. Fillmore also ga
- Page 41 and 42: Page: 41 Department early in his te
- 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: Page: 49 4. The powers, duties and
- 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 91 and 92: Page: 91 It seems the goal of havin
- Page 93 and 94: Page: 93 [365] The Plaintiffs were
- Page 95 and 96: Page: 95 remained on the site for s
- Page 97 and 98: Page: 97 evidence, which is consist
- Page 99 and 100: Page: 99 [389] A meeting was held o
Page: 50<br />
the mid-1990s of approximately 1500 people. Historically, there had been very high levels of<br />
unemployment in the community of Watson Lake. A road trip between Watson Lake and<br />
Whitehorse, along the Alaska Highway, was a journey of some 4 - 4 ½ hours duration.<br />
[202] There has been a forest industry in the Yukon Territory since the 1950s. The history of this<br />
industry has not been a positive one. George Tough noted that “[t]he Yukon landscape includes too<br />
2010 FC 495 (CanLII)<br />
many failed forest enterprises” in his April 2002 report titled “Yukon Forest Issues: A Reality<br />
Check and a New Direction – A Report to the Minister of Indian Affairs and Northern<br />
Development” (the “Tough Report”). This history includes several forest company bankruptcies<br />
and the layoffs and personal hardships for employees, their families and their community that<br />
naturally follow.<br />
[203] The industry in 1990 consisted of one large sawmill operation and four smaller operations.<br />
The small operators relied upon 15,000 m 3 CTPs to supply their mills. The large operation, Yukon<br />
Pacific Forest Products, held a THA for 150,000 m 3 per year. In 1992, KFR purchased Yukon<br />
Pacific Forest Products and the THA was conditionally assigned to KFR. KFR is the operating<br />
entity of the LFN and the Lower Post First Nation.<br />
[204] In the early 1990s, the Department was concerned about rationalizing the commercial uses<br />
of the forest with other conflicting uses. The Dendron Report was produced in April 1990.
Change language