Lexpert®Ranked Lawyers
Labeau, Pierre-
Christian
Norton Rose Fulbright
Canada LLP
(418) 640-5008
pierre-christian.
labeau@
nortonrosefulbright.
com
Mr. Labeau practises
Native, constitutional
and administrative
law. He advises public
agencies, corporations
and banks, and other
clients on issues
related to energy,
mining and forestry
development, including
IBAs and the duty to
consult.
Lalji, Amyn F.
Miller Thomson LLP
(604) 643-1201
alalji@millerthomson.
com
Mr. Lalji has
represented First
Nations in negotiations
with industry in
relation to some of
Canada's largest
mining projects. He
has also acted for First
Nations businesses
in negotiating major
procurement deals for
large mining projects.
Lawrence, Bruce A.
Borden Ladner
Gervais LLP
(403) 232-9597
blawrence@blg.com
Mr. Lawrence's practice
focuses on the oil
and gas sector, both
on and offshore. His
experience includes
seismic acquisition
through exploration and
on to development and
production, JVs and
operating agreements,
M&A and take-over
bids.
Laffin, QC,
Michael J.
Blake, Cassels &
Graydon LLP
(403) 260-9692
michael.laffi n@blakes.
com
Mr. Laffin provides
corporate and energy
advice to Canadian
and international oil
and gas companies,
and has extensive
experience negotiating,
structuring and
advising on all aspects
of conventional and
unconventional
oil and gas, and
LNG matters.
Langlois, Martin R.
Stikeman Elliott LLP
(416) 869-5672
mlanglois@stikeman.
com
Mr. Langlois is co-
head of the M&A and
Private Equity Practice
Group in Toronto. His
practice focuses on
M&A, securities and
corporate governance
matters in various
industries including
technology, life
sciences, fi nancial
services and energy.
Lefebvre, David R.J.
Gowling Lafl eur
Henderson LLP
(403) 298-1978
david.lefebvre@
gowlings.com
Mr. Lefebvre's practice
focuses on Canadian
and cross-border
M&A, private-equity
transactions, capital
markets, large
project and corporate
governance matters.
He sits on the
Securities Advisory
Committee of the
Alberta Securities
Commission.
LNG | 29
has made the LNG in those deals cheaper to buy. "So the
question is, is what the [BC] government is proposing going
to make us competitive vis-à-vis our principal competitors?"
e industry itself has given us a good hint at the answer:
soon a er BC proposed the tax regime several developers
– including Petronas, Apache Corp. and one of Quesnel's
clients, Shell Canada – either sold down equity or reduced
capital expenditures on their Canadian LNG projects. Since
then, the BC government has indicated it will take a second
look at the tax.
ere's another new wrinkle facing the nascent Canadian
LNG. On June 26 in a historic decision, the Supreme Court
of Canada (SCC) unanimously held – in Tsilhqot'in Nation
v. British Columbia – that even in absence of treaties, Aborig-
inal title exists. e ruling substantially
lowers the proof required to substantiate
Aboriginal title to lands. Regular, though
not necessarily intensive, use (as required
before) of land for traditional practices
such as hunting, trapping and fi shing is
now suffi cient for a title claim.
"Up until the Tsilhqot'in decision the
obligations on both government and
companies weren't particularly onerous,"
says Bruce McIvor, founder and principal
at First Peoples Law in Vancouver. "But
with this decision, it really does change
the playing fi eld."
In BC, compared to provinces such as
Alberta and Manitoba, there are very few
treaties. e SCC ruling solidifi es and in-
tensifi es the duty of both government and industry to con-
sult with all Aboriginal groups, regardless of whether treaties
exist, when developing projects where First Nations claim
sovereign rights to land.
Prior to the ruling, says McIvor, many resource companies
seeking government approval on projects that might impact
on First Nation communities engaged in what Aboriginal
advocates call "drive-by consultations." ey would log the
number of times they contacted Aboriginal communities,
o en for superfi cial reasons, and, before the Tsilhqot'in rul-
ing, that was o en enough to fulfi l their "duty to consult."
Now, warns McIvor, "the dinosaurs" – those companies
that made ingenuous eff orts to work with First Nations –
face a real possibility of being sued in court for damages or
PHOTO
COURTESY
OF
LNG
CANADA
