Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 90 [354] The failure of KFR to construct and operate a sawmill was considered a “major breach” of the terms of the THA assignment. An internal Department presentation noted that: • A sound wood processing industry would represent an important economic development for the Yukon. • A sawmill as require under the THA would ensure that initial wood processing from the THA occurs in the Yukon. • Additional mill capacity will benefit other CTP operators who legal requirements for local processing of their sawlogs • Could play a key role in capacity building of First Nations and smaller communities • Will improve overall employment opportunities, particularly in SE Yukon. 2010 FC 495 (CanLII) This presentation is Exhibit 80, Tab 26. [355] Mr. Sewell, RDG of the Yukon Region, supported the union of KFR with LPL in the joint venture. The proposal required the use, by KFR, of trust funds held by the Government of Canada. An extension of the KFR THA was also supported by Mr. Sewell. In an email, on September 15 th , entered as Exhibit P-79, Tab 78, to Mr. Beaubier at DIAND Headquarters in Ottawa, Mr. Sewell stated: … Is buying into the newly constructed mill an eligible use of the mill fund that KFR has been paying into ... The full THA expires May 99 I am told. There is a process in place to move towards consideration of a future multi-year THA …dates have slipped badly due to no partner for KFR …
Page: 91 It seems the goal of having the THA support an actual mill (though designed only to handle smaller size logs…10 inches I think ) may be close to really happening. (Emphasis added) [356] By September 17 th , the Department had decided that the joint venture was a valid use of the trust funds held in the “mill fund”. This expenditure was contingent on an evaluation of the joint venture sawmill and the entry into a joint venture agreement. 2010 FC 495 (CanLII) [357] Exhibit D-81, Tab 402 is the 1998/1999 Client Guide dated September 1998. This document sets out the purpose of the eligibility requirements, that is to provide fair and equitable access for all qualified applicants to the use of a “limited forest resource”. Some permits are for volumes greater than 1,000 m 3 and all applicants seeking a greater volume than 1,000 m 3 , up to 15,000 m 3 , were to be evaluated pursuant to Section 4.2 of the Yukon Timber Regulations. [358] The Client Guide explained that the harvest ceiling levels for 1998/1999 will be determined according to the preliminary TSA that was conducted in 1998. The total harvest ceiling for 1998/1999, for the entire Yukon, was set at 356,500 m 3 . The harvest ceiling for Y02, Coal and Y03, Liard, was 50,000 m 3 and 78,000 m 3 , respectively, for a total of 128,000 m 3 . [359] As I have already noted, the harvest ceiling for the previous year had been 350,000 m 3 of timber for the southeast FMU. The remainder of Yukon had previously been set at 100,000 m 3 .
- 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 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: Page: 89 [349] Mr. Henry explained,
- 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 123 and 124: Page: 123 [488] I note that on the
- Page 125 and 126: Page: 125 [498] Mr. Ballantyne said
- Page 127 and 128: Page: 127 [508] SYFC had announced
- Page 129 and 130: Page: 129 [516] The closure of the
- Page 131 and 132: Page: 131 [523] The Hyland-Coal THA
- Page 133 and 134: Page: 133 [531] As mentioned earlie
- Page 135 and 136: Page: 135 explained to YCS that the
- Page 137 and 138: Page: 137 [543] At this time the jo
- Page 139 and 140: Page: 139 without the promised timb
Page: 91<br />
It seems the goal of having the THA support an actual mill (though<br />
designed only to handle smaller size logs…10 inches I think ) may<br />
be close to really happening.<br />
(Emphasis added)<br />
[356] By September 17 th , the Department had decided that the joint venture was a valid use of the<br />
trust funds held in the “mill fund”. This expenditure was contingent on an evaluation of the joint<br />
venture sawmill and the entry into a joint venture agreement.<br />
2010 FC 495 (CanLII)<br />
[357] Exhibit D-81, Tab 402 is the 1998/1999 Client Guide dated September 1998. This document<br />
sets out the purpose of the eligibility requirements, that is to provide fair and equitable access for all<br />
qualified applicants to the use of a “limited forest resource”. Some permits are for volumes greater<br />
than 1,000 m 3 and all applicants seeking a greater volume than 1,000 m 3 , up to 15,000 m 3 , were to<br />
be evaluated pursuant to Section 4.2 of the Yukon Timber Regulations.<br />
[358] The Client Guide explained that the harvest ceiling levels for 1998/1999 will be determined<br />
according to the preliminary TSA that was conducted in 1998. The total harvest ceiling for<br />
1998/1999, for the entire Yukon, was set at 356,500 m 3 . The harvest ceiling for Y02, Coal and Y03,<br />
Liard, was 50,000 m 3 and 78,000 m 3 , respectively, for a total of 128,000 m 3 .<br />
[359] As I have already noted, the harvest ceiling for the previous year had been 350,000 m 3 of<br />
timber for the southeast FMU. The remainder of Yukon had previously been set at 100,000 m 3 .
Change language