Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 72 [281] Mr. Staffen also testified that after the meeting with Minister Irwin and Mr. Doughty in Dawson City, LPL proceeded to move forward with planning. He said that the assurances from the Minister’s office encouraged LPL to put together an offer and to sell shares in the Yukon Territory. [282] Mr. Gartshore testified, at page 947 of the transcript, that Mr. Doughty said, in relation to the LPL request for a long-term commitment to 200,000 m 3 of fibre, that, 2010 FC 495 (CanLII) if you create, you know, a hundred plus jobs in an economically depressed area and you create a mill and you create employment and, you know, why wouldn’t we give it to you Why wouldn’t the government – of course we would. He was almost indignant, that we would think there would be a problem in receiving that measure of a harvesting agreement based on making a major commitment. [283] Mr. Gartshore was cross-examined in detail with respect to the proposal that LPL presented to the Minister and his special assistant for economic development. He was not cross-examined with respect to his evidence that Mr. Doughty assured him that they would be given access to the necessary timber if they built a mill that provided employment. [284] As discussed below, I prefer the evidence of the Plaintiffs’ witnesses to that of Mr. Irwin and Mr. Doughty. These witnesses for the Defendant were not credible and their evidence is not supported by the viva voce evidence of the Defendant’s other witnesses nor by the documentary exhibits. [285] Following the Gold Show, Mr. Ivanski wrote a letter to Mr. Bourgh on behalf of LPL, concerning the proposed mill facility for Watson Lake. This letter, entered as Exhibit D-23 is dated
Page: 73 June 4, 1996. In his letter, Mr. Ivanski noted that LPL had inquired “whether DIAND is fundamentally opposed to the concept…” and advised Mr. Bourgh on behalf of LPL, of the need to satisfy regulatory requirements, including environmental assessments. He pointed out that satisfaction of all the relevant requirements did not guarantee the grant of tenure. [286] Mr. Ivanski also indicated, in the letter of June 4 th , that DIAND had not been entertaining 2010 FC 495 (CanLII) requests for new THAs until an overall forest policy had been developed. That policy development included the development of a FMP. [287] This aspect of the letter of Mr. Ivanski is at odds with the information given by Minister Irwin to the Member of Parliament (“MP”) for Watson Lake, the Honourable Audrey McLaughlin. This is recorded in a letter to LPL from their MP dated April 29, 1996; see Exhibit P-79, Tab 31. Mr. Ivanski’s letter is also inconsistent with the letter sent by Minister Irwin, dated June 18, 1996, to the Member of the Legislative Assembly (“MLA”) for Watson Lake, the Honourable John Devries; see Exhibit D-20. [288] Minister Irwin had indicated to both the MP and MLA that DIAND was willing to accept business proposals. The Minister also assured that proper consideration would be given to any proposals received. A business proposal only relates to a THA. A business proposal was not required to apply for a CTP. [289] Mr. Ivanski concluded his letter of June 4, 1996 by wishing LPL success in its endeavours.
- 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 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: Page: 71 require 200,000 m 3 of tim
- 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 101 and 102: Page: 101 [396] These documents wer
- Page 103 and 104: Page: 103 location under a future C
- Page 105 and 106: Page: 105 [414] A briefing note, da
- Page 107 and 108: Page: 107 to shut down operations i
- Page 109 and 110: Page: 109 continuing delays by DIAN
- Page 111 and 112: Page: 111 [439] On October 1, 1999,
- Page 113 and 114: Page: 113 [447] In October 1999, DI
- Page 115 and 116: Page: 115 regulations would impleme
- Page 117 and 118: Page: 117 [464] There was another m
- Page 119 and 120: Page: 119 [472] Mr. Ballantyne, the
- Page 121 and 122: Page: 121 [482] However, there is a
Page: 72<br />
[281] Mr. Staffen also testified that after the meeting with Minister Irwin and Mr. Doughty in<br />
Dawson City, LPL proceeded to move forward with planning. He said that the assurances from the<br />
Minister’s office encouraged LPL to put together an offer and to sell shares in the Yukon Territory.<br />
[282] Mr. Gartshore testified, at page 947 of the transcript, that Mr. Doughty said, in relation to<br />
the LPL request for a long-term commitment to 200,000 m 3 of fibre, that,<br />
2010 FC 495 (CanLII)<br />
if you create, you know, a hundred plus jobs in an economically<br />
depressed area and you create a mill and you create employment and,<br />
you know, why wouldn’t we give it to you Why wouldn’t the<br />
government – of course we would. He was almost indignant, that we<br />
would think there would be a problem in receiving that measure of a<br />
harvesting agreement based on making a major commitment.<br />
[283] Mr. Gartshore was cross-examined in detail with respect to the proposal that LPL presented<br />
to the Minister and his special assistant for economic development. He was not cross-examined with<br />
respect to his evidence that Mr. Doughty assured him that they would be given access to the<br />
necessary timber if they built a mill that provided employment.<br />
[284] As discussed below, I prefer the evidence of the Plaintiffs’ witnesses to that of Mr. Irwin<br />
and Mr. Doughty. These witnesses for the Defendant were not credible and their evidence is not<br />
supported by the viva voce evidence of the Defendant’s other witnesses nor by the documentary<br />
exhibits.<br />
[285] Following the Gold Show, Mr. Ivanski wrote a letter to Mr. Bourgh on behalf of LPL,<br />
concerning the proposed mill facility for Watson Lake. This letter, entered as Exhibit D-23 is dated