Federal Court - Christian Aboriginal Infrastructure Developments ...

Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...

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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: 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

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