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2018/19
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LEXPERT 9
Birchall, Charles J. Willms & Shier Environmental
Lawyers LLP (613) 761-2424 cbirchall@willmsshier.com
Mr. Birchall has over 25 years' experience devoted to environmental law,
including the application of environmental law and Aboriginal law to mining
projects in Canada. He has expertise with environmental assessment and
permitting compliance requirements associated with mining projects. He is
on the Environment and Science and Aboriginal Affairs Committees of the
Mining Association of Canada.
Blundy, Paul D. Bennett Jones LLP
(416) 777-4854 blundyp@bennettjones.com
Mr. Blundy has more than 30 years' experience in construction and project
finance. Acting for procuring authorities, consortia teams, lenders, under-
writers, contractors, designers and service providers, he has participated in
a wide variety of Public-Private Partnership (P3) and Alternative Finance and
Procurement (AFP) transactions in various sectors since the advent of the P3
and AFP models.
Boivin, André Cassels Brock & Blackwell LLP
(416) 860-6580 aboivin@casselsbrock.com
Mr. Boivin's corporate and securities practice focuses on assisting public
mining companies on equity financings, regulatory compliance and govern-
ance matters as well as M&A and other strategic transactions.
Booth, QC, Robert (Bob) T. Bennett Jones LLP
(403) 298-3252 boothb@bennettjones.com
Mr. Booth has a broad commercial practice in energy and resources. He
represents clients in the oil & gas, pipeline, LNG, uranium, mining and electri-
city sectors. He advises on purchases, sales, new businesses, joint ventures
and partnerships.
Boswell, Duncan C. Gowling WLG
(416) 862-4466 duncan.boswell@gowlingwlg.com
Mr. Boswell is an exceptional commercial litigator with extensive experience
in the mining, construction and banking sectors. He is known for his strategic
thinking on sophisticated corporate and commercial disputes, and has ap-
plied his considerable knowledge, resourcefulness and skills to assist clients
from Canada to Asia with mining disputes.
Bowman, Alan Goodmans LLP
(416) 597-4209 abowman@goodmans.ca
Mr. Bowman's practice focuses on all aspects of income taxation. He has
advised resource-sector clients, including Newmont, Coeur, Franco Nevada,
Thompson Creek, Hudbay and Uranium One, on M&A, debt and equity financings,
reorganizations and international tax planning.
LEXPERT-RANKED LAWYERS
If a violation causes a drop in the share price, it
may also attract shareholder class actions.
Goldsilver encourages boards of mining compa-
nies with assets abroad to be alert to the impor-
tance of "educating your people on the ground
about the laws the Canadian company is subject
to. Tell them: 'is may be an acceptable practice
in this country but we cannot allow you to do it,
and here's what happens to us if you do,' because
there is potential liability to senior officers and di-
rectors." e Act falls under the Canadian Crimi-
nal Code, exposing the company to substantial
fines and board members and senior management
to jail terms of up to 14 years and fines in the mil-
lions of dollars as well.
Mines in ird World countries pose a further
challenge for their boards because they may not
be adhering to global standards on human rights.
e federal government recently created an inde-
pendent Canadian Ombudsperson for Respon-
sible Enterprise, the first of its kind in the world,
mandated to investigate allegations of human
rights abuses abroad.
e ombudsperson has the power to make re-
ports and recommend sanctions, Goldsilver says,
"not in the traditional sense, but withdrawal of
government services — taking away future Export
Development Canada funding or support. e re-
port will also be made public and optically it will
not look good if the Canadian government says a
specific mining company is not respecting human
rights in another country."
It can also lead to more lawsuits.
Amy Carruthers, a partner at Fasken Martineau
DuMoulin LLP in Vancouver, says another issue
Canadian mining companies and their boards are
wrestling with is their reporting obligation under
PHOTO:
REUTERS
