Lexpert Special Editions

Lexpert Global Mining 2015

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

Issue link: https://digital.carswellmedia.com/i/566150

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Page 28 of 39

WWW.LEXPERT.CA | 2015/16 | 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. LEXPERT RANKED LAWYERS

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