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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 71<br />

require 200,000 m 3 of timber. According to Mr. Bourgh, the Minister said “well doesn’t sound<br />

unreasonable to me” and left his special assistant to finish the meeting. Mr. Bourgh says that Mr.<br />

Doughty stated “if you build a mill that will employ a hundred people, why wouldn’t we give you<br />

the timber”; see page 644 of the transcript.<br />

[278] In cross-examination, Mr. Bourgh conceded that no one had actually promised that LPL<br />

2010 FC 495 (CanLII)<br />

would be given tenure. Significantly, his evidence was that DIAND had told him that timber was<br />

available for a project like the LPL mill. He testified that DIAND told him “that a consistent policy<br />

of giving timber to somebody that was coming in and willing to build a mill was in progress and<br />

they expected it to be completed soon”; see pages 664-667 of the transcript.<br />

[279] Mr. Staffen testified, see page 907 of the transcript, that when discussing LPL’s proposal to<br />

build a mill and the need for a long-term commitment of 200,000 m 3 of timber, that either the<br />

Minister or Mr. Doughty “clearly said to us that if you do this, why wouldn’t the Government of<br />

Canada give you a timber license”<br />

[280] In other respects, Mr. Staffen’s memory of this meeting does not accord with the evidence<br />

of the other witnesses. He testified that there was a second meeting scheduled with Minister Irwin<br />

and Mr. Doughty for the following day. While Mr. Staffen was not cross-examined about the<br />

commitment made by the Minister or Mr. Doughty, I do not find his evidence to be reliable about<br />

this meeting and give it little weight.

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