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2015/16
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LEXPERT 29
"Mining companies' positive impacts are not usually
understood because the public is not seeing the cheques
to the government or to public coffers in general," says
Chambers from his Vancouver office. "Now, in appro-
priate cases, the industry should at least be able to say,
'Don't tell us we should give more without taking a look
at how much we're giving already.'"
As Graves sees it, miners are prone to difficulties be-
cause local regulatory issues, environmental issues and
social license issues tend to become intertwined.
"Local groups who oppose a project can find all kinds
of support with governments, NGOs and media if they
can demonstrate that there's risk surrounding one or
more of these issues," he explains. "en the issues tend
to spread out and draw further support — and fighting
battles on too many fronts can quickly grind projects to
a halt."
Graves is careful to point out that the concerns ex-
pressed about a project are legitimate much of the time.
"Individually, it's possible to deal with them," he says.
"But when they coalesce into a collective negative view
about a project, you have a problem that can impede
negotiations and reduce a company's leverage with gov-
ernment on such things as financial terms, royalties and
taxes — all of which can impact the timing and bank-
ability of a project."
He believes that companies should organize their re-
sources in anticipation of opposition.
"It's important to have scrupulous recordkeeping
and positive interaction with regulators, environmental
groups and local communities, always remembering that
their interests are related and that their needs and the
way they talk to each other must be understood," Brian
Graves says.
In this context, it's important that the industry bears
in mind the federal government's overall corporate social
responsibility strategy for the extractive sect. By its en-
dorsement of the United Nations Guiding Principles on
Business and Human Rights, the strategy speaks to the
responsibility of corporations to respect human rights.
e corporate social responsibility strategy also en-
dorses the IFC Performance Standards on Environmen-
tal & Social Sustainability, which encompass labour
standards; indigenous rights; consultation; grievance
mechanisms; resettlement; community health, safety
and security; and other issues relating to human rights.
More specifically, the Standards require "human rights
due diligence" to be conducted in "limited high-risk cir-
cumstances," and in addition to the due diligence under-
taken for environmental and social risks.
"Unions are getting involved in these initiatives as
well, so you're going to hear a lot about corporate social
responsibility in a broader sense in the next few years,"
Wade says. "Increasingly, CSR will be part of the cost of
doing business."
Mingay, Paul A.D.
Borden Ladner Gervais LLP
(416) 367-6006
pmingay@blg.com
Mr. Mingay is the national leader of BLG's Public Mergers & Acquisitions
Group. Practice focuses on mergers & acquisitions, including strategic,
private-equity and cross-border transactions, and corporate finance
including debt and equity offerings.
Mohtadi, Philip
Torys LLP
(416) 865-7525
pmohtadi@torys.com
Mr. Mohtadi's practice focuses on general corporate law, with an
emphasis on securities transactions and M&A across various industries,
including mining. He has been involved in numerous international
and cross-border transactions.
Mondrow, Ian A.
Gowling Lafleur Henderson LLP
(416) 369-4670
ian.mondrow@gowlings.com
Mr. Mondrow is a partner practising in the area of energy regulation
and policy. He has represented electricity generators, transmitters,
distributors, competitive energy retailers and services providers,
electrical contractors and energy consumers.
Moore, J. Alexander
Davies Ward Phillips & Vineberg LLP
(416) 863-5570
amoore@dwpv.com
Mr. Moore practises corporate law with an emphasis on public company
M&A, corporate finance, governance and proxy contests. He has extensive
experience advising mining issuers on M&A, financing matters
and joint ventures.
Morillon, Chantal
Norton Rose Fulbright Canada LLP
(418) 640-5160
chantal.morillon@nortonrosefulbright.com
Ms. Morillon acts for renewable energy clients in her domestic
and cross-border bank financing, commercial law and real estate
practice. She also has considerable experience as corporate secretary
to boards of directors and board committees.
Morris, Kevin M.
Torys LLP
(416) 865-7633
kmorris@torys.com
Mr. Morris, co-head of Torys's Capital Markets practice, acts for boards
of directors, issuers, investors and investment banks on M&A and
capital-raising deals in the mining sector. He recently acted for Alamos
in its merger with AuRico.
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