Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 94 [370] The mill, as built, was a dimension mill, capable of producing a wide range of products. The mill produced “rough green lumber”, that is the product that results from the primary breakdown facility. It remains to be dried and planed into a finished product. [371] The mill was planned to incorporate three independent phases of development, the first being the breakdown of the log into rough green lumber, followed by drying and dressing for the 2010 FC 495 (CanLII) finished product. Mr. Spencer explained that “rough green lumber” means that the timber is cut a little and then shipped for further processing. The first phase was an interim step intended to demonstrate the mill’s capability and thereby secure long-term tenure from DIAND. [372] The second phase required kilns and a planer mill, and that part of the facility was not realized. The planer would produce finished sides with a smooth surface, for the market. The kiln dries the green wood to a moisture content of less than 19 percent. Included in the second phase was a cogeneration facility to produce heat, for drying the lumber, and electricity to run the mill and to sell into the local electrical grid. [373] A third phase was also contemplated from the outset. It would involve the construction of a re-manufacturing facility so as to optimize the usage of the timber and provide additional “valueadded” to the mill’s products. [374] With the exception of management, the employees were drawn from the town of Watson Lake. The employees were both First Nations and non-First Nations people. Mr. Keith Spencer
Page: 95 remained on the site for several months to oversee the operation. Mr. Brian Kerr was engaged as the mill manager. Mr. Heit was in charge of sourcing wood supply. When the mill began operating on a single shift, Mr. Kerr testified that 27 - 28 people were employed at the mill site. The employee numbers would be doubled for two shifts. [375] In or about October 1998, an initial proposal was made by SYFC for federal funding to 2010 FC 495 (CanLII) assist in training the new employees of the mill. The application was made to the Transitional Jobs Fund (“TJF”) of the Federal Government through Human Resources Development Canada (“HRDC”). [376] Also in November 1998, the Department embarked upon its process to develop THAs. This process was planned to involve extensive First Nations and stakeholder consultations. This process started with discussion papers and consultations about how the process should be developed. The Department’s draft process proposal, entered as Exhibit D-81, Tab 227, noted that a FMP is the key document before any THA can be authorized. Further, it is noted that only 50 percent of a mill’s required timber is normally allocated in a THA. [377] The representation relied upon by the Plaintiffs was made in July 1997. By October 1998 the Plaintiffs had already built the mill and commenced operations in Watson Lake. The draft THA process proposal was not written until November 1998.
- 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 and 90: Page: 89 [349] Mr. Henry explained,
- Page 91 and 92: Page: 91 It seems the goal of havin
- Page 93: Page: 93 [365] The Plaintiffs were
- 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 141 and 142: Page: 141 479 In some respects coun
- Page 143 and 144: Page: 143 B. Preliminary Issues [56
Page: 95<br />
remained on the site for several months to oversee the operation. Mr. Brian Kerr was engaged as the<br />
mill manager. Mr. Heit was in charge of sourcing wood supply. When the mill began operating on a<br />
single shift, Mr. Kerr testified that 27 - 28 people were employed at the mill site. The employee<br />
numbers would be doubled for two shifts.<br />
[375] In or about October 1998, an initial proposal was made by SYFC for federal funding to<br />
2010 FC 495 (CanLII)<br />
assist in training the new employees of the mill. The application was made to the Transitional Jobs<br />
Fund (“TJF”) of the <strong>Federal</strong> Government through Human Resources Development Canada<br />
(“HRDC”).<br />
[376] Also in November 1998, the Department embarked upon its process to develop THAs. This<br />
process was planned to involve extensive First Nations and stakeholder consultations. This process<br />
started with discussion papers and consultations about how the process should be developed. The<br />
Department’s draft process proposal, entered as Exhibit D-81, Tab 227, noted that a FMP is the key<br />
document before any THA can be authorized. Further, it is noted that only 50 percent of a mill’s<br />
required timber is normally allocated in a THA.<br />
[377] The representation relied upon by the Plaintiffs was made in July 1997. By October 1998<br />
the Plaintiffs had already built the mill and commenced operations in Watson Lake. The draft THA<br />
process proposal was not written until November 1998.