14 LEXPERT
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2018/19
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WWW.LEXPERT.CA
Clare, James Bennett Jones LLP
(416) 777-6245 clarej@bennettjones.com
Mr. Clare is a corporate and securities lawyer with a focus on the mining
sector, and an emphasis on domestic and cross-border corporate finance
and M&A. He also represents issuers and underwriters on general corpor-
ate and securities law matters.
Cohen, David F.W. Gowling WLG
(416) 369-6667 david.cohen@gowlingwlg.com
Mr. Cohen's 29-year practice focuses on restructuring/insolvency, M&A
and corporate/commercial financing. Frequently leading complex domestic
and cross-border transactions, with values of up to $3 billion, he brings
creative business-minded solutions to challenging multi-lateral negotiations.
He served as Turnaround Management Association's Global President
in 2016 and past Global Chair in 2018.
Cole, Avril Gowling WLG
(416) 369-4605 avril.cole@gowlingwlg.com
Ms. Cole is a partner in the Mining and Energy industry groups of the Gowl-
ing WLG and co-lead of the Africa Group. She advises international and
Canadian clients and has represented public and private entities, including
private equity funds. Her problem-solving skills are often sought by industry
for contract negotiations with governments and other regulatory authorities,
particularly in Africa.
Craig, John H. Cassels Brock & Blackwell LLP
(416) 869-5756 jcraig@casselsbrock.com
Mr. Craig practises securities law with a focus on resource and mining compan-
ies. His experience includes dealings with the TSX and OSC, equity financings,
M&A, going-private transactions and mining concession agreements.
Dandonneau, François Gowling WLG
(514) 392-9503 francois.dandonneau@gowlingwlg.com
Mr. Dandonneau's practice is centred on Aboriginal law, with specific
focus on matters dealing with mining and natural resources, procurement,
taxation and self-governance. He has acted and played a major role in
important litigation matters. He negotiated significant impact and benefit
agreements with mining companies for major projects in Cree territory.
Davis, Franklin L. Bennett Jones LLP
(416) 777-5099 davisf@bennettjones.com
Mr. Davis is an experienced counsel who provides strategic advice in
the areas of capital markets, corporate finance, mergers & acquisitions,
corporate governance and mining matters. He is a director of a number of
resource companies, including Torex Gold Resources and TMAC Resources.
LEXPERT-RANKED LAWYERS
"I have yet to work with a mining company that
doesn't want a strong, useful and productive rela-
tionship with its Aboriginal partners," says Linda
Misetich Dann in Bennett Jones LLP's Toronto
office. "What makes things difficult and uncer-
tain is that no universal process has emerged."
Looking at mining regulation from an overall
perspective, what is clear is that provincial gov-
ernments tend to own most of Canada's mineral
rights, but the private sector, Aboriginal inter-
ests and the federal government also hold some.
Which is not to say that proponents of a mining
project on land owned other than by the federal
government can ignore federal laws.
Indeed, federal and provincial powers can over-
lap in myriad ways. e federal government's ju-
risdiction over Aboriginal rights, trade and com-
merce, banking, navigation, railways, shipping,
inland fisheries and nuclear energy, for example,
can overlap with provincial jurisdiction in prop-
erty and civil rights, natural resources, and local
works and undertakings.
In the Canada Chapter: International Com-
parative Legal Guide to Mining 2017 found on
the firm's website, Kahled Abdel-Barr and Karen
MacMillan in Lawson Lundell LLP's Vancouver's
office explain the overlap:
"ere are, however, some matters that fall within
the purview of both federal and provincial jurisdic-
tions. In such a case each level of government may
create laws in respect of a particular subject matter
insofar as it relates to their jurisdiction. For example,
both the federal and provincial governments have
their own form of environmental legislation. e
federal government may regulate approvals for a
proposed mine in an effort to protect fish, and the
province may regulate that same proposed mine for
reasons relating to emissions that could pollute the
environment. Federal and provincial statutes which
deal with the same subject matter may co-exist,
though if there is conflict or inconsistency between
"FEDERAL AND PROVINCIAL
STATUTES WHICH DEAL WITH THE
SAME SUBJECT MATTER MAY CO-EXIST,
THOUGH IF THERE IS CONFLICT OR
INCONSISTENCY BETWEEN FEDERAL
AND PROVINCIAL LAWS, IN THE SENSE
OF IMPOSSIBILITY OF DUAL COMPLIANCE
OR FRUSTRATION OF FEDERAL PURPOSE,
THE FEDERAL STATUTE PREVAILS."
– Kahled Abdel-Barr, Karen MacMillan: Lawson Lundell LLP
