20 LEXPERT
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2015/16
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WWW.LEXPERT.CA
cessfully arguing in a British Columbia court that rights
or title can't form the basis for a claim against a private
party before being formally recognized by the court.
But the BC Court of Appeal, citing Tsilhqot'in, over-
turned the lower court decision and allowed the civil
claim to go ahead. "Setting a separate standard for Ab-
original people before they can sue other parties in order
to enforce their rights is not only lacking in principle,"
the court said, "but could also be argued to be inconsis-
tent with the principle of equality under the Charter of
Rights and Freedoms."
If the suit is allowed to proceed on the merits – and
Rio Tinto sought leave to appeal to the Supreme Court
– Saik'uz itself may set precedent. e case was filed by
First Nations against a company rather than the govern-
ment, which has access to historical records and other
means to defend against Aboriginal claims.
Roy Millen, a partner at Blake, Cassels & Graydon
LLP in Vancouver, says one aspect of Saik'uz that jumps
out at him is the dam was built before "anybody had any
clue what Aboriginal rights and title were."
If it goes to trial, Millen believes it portends a whole
new round of First Nations' lawsuits stemming from
projects that were built decades ago — and applies not
just in BC, he says, but right across the country, even
where First Nations signed historic treaties with the fed-
eral government.
Charles Willms, chair of the Aboriginal law practice
group at Fasken Martineau DuMoulin LLP, says Saik'uz
raises a fundamental question.
Goodman, Allan J.
Goodmans LLP
(416) 597-4243
agoodman@goodmans.ca
A member of the firm's Mining and Natural Resources Group,
Mr. Goodman specializes in securities and corporate law, focusing
on public and private finance, M&A, governance and regulatory
compliance. His clients include issuers and underwriters.
Grieve, Sander
Bennett Jones LLP
(416) 777-4826
grieves@bennettjones.com
Mr. Grieve is Head of Bennett Jones LLP's Mining Group. He practises
public markets M&A and finance with a focus on mining and precious
minerals. His global mandates cross commodities, industries and
international boundaries.
Gross, Benjamin David
Lavery, de Billy, L.L.P.
(514) 877-2983
bgross@lavery.ca
Mr. Gross' practice includes mining and energy law; bank,
project, asset-based, real estate, consumer and film financing;
security on property; advising on enforcement and non-litigious
bankruptcy matters.
Guertin, Catherine
Borden Ladner Gervais LLP
(514) 954-3179
cguertin@blg.com
Ms. Guertin is the regional leader of the Montréal real estate
commercial group. Her practice focuses on real estate transactions,
including developments, acquisitions and dispositions, leasing,
financing, mining work and telecommunication work.
Harricks, Paul H.
Gowling Lafleur Henderson LLP
(416) 369-7296
paul.harricks@gowlings.com
Mr. Harricks leads Gowlings's Energy, Infrastructure & Mining Group.
His transaction-based practice embraces infrastructure, energy and
project finance. He acts for Canadian and international corporations,
funds and financial institutions.
Harris, Henry A.
Gowling Lafleur Henderson LLP
(416) 862-4393
henry.harris@gowlings.com
Mr. Harris focuses in practice on public and private offerings
of securities, M&A and securities regulatory requirements. He advises
Canadian and foreign companies, investors and underwriters on all
aspects of Canadian securities regulation.
LEXPERT RANKED LAWYERS
"I want to be clear,
this isn't across the board,
but we're seeing examples
of [provincial government]
officials here and there
saying, 'We'd like you to
get the consent of the First
Nation before approving
your project.' That's against
the law. There's no legal
requirement for consent
and it's a different message
than saying, 'We'd like
you to work really hard
and in good faith and
act reasonably with
First Nations.'"
- Tom Isaac, Osler,
Hoskin & Harcourt LLP
