WWW.LEXPERT.CA
|
2015/16
|
LEXPERT 21
"If First Nations can bring the action against private
parties before they prove title, is the relevant limitation
act running? If so, is this an invitation for all First Na-
tions to bring actions out of the fear the limitation act
will be a bar?"
Alberta's Court of Queen's Bench has already cited
Saik'uz, in allowing Ominayak v. Penn West Petroleum
Ltd. to proceed before title has been proven.
"e industry should be aware of these cases because
the risk that goes with them is multiple actions being
brought by First Nations who are worried about limita-
tion problems. If they can bring the action today, they
could have brought it 15 years ago."
The Supreme Court of Canada's decision in Tsilhqot'in
has changed the climate not just in the courtroom but
outside it as well.
Some First Nations, buoyed by the landmark deci-
sion, have signalled they'll be issuing their own mining
laws. In January, for example, the Kaska Nation an-
nounced it would be introducing its own laws and regu-
lations for companies operating in its traditional territo-
ries — which extend over northern British Columbia,
the southeastern Yukon and parts of the Northwest Ter-
ritories. In May, the Tsilhqot'in did the same, requiring
mine developers and other companies to get permission
before entering their land.
Willms says First Nations protocols are a good thing,
because they make it clear to industry how the group
would like to be engaged and consulted with. What First
Nations call "laws" may be more problematic.
"e difficulty that I have is that from time to time a
First Nation will issue what looks like a law in the face of
some pretty clear language from our Supreme Court of
Canada that that law probably is not valid.
"e courts could be filled with cases like that. I
hope not."
Another development promising to change the land-
scape for mine developers in Canada comes from Parlia-
ment in Ottawa.
In June, Canada's federal Minister of Natural Resourc-
es announced that the Extractive Sector Transparency
Measures Act had come into force. Designed as an anti-
corruption measure, the act requires companies operat-
ing in extractive industries such as mining to report pay-
ments made to governments in aggregate of $100,000 or
more. It covers money paid for production entitlements,
infrastructure improvements, royalties, taxes and fees.
While it now covers payments made to foreign gov-
ernments, there is a two-year deferral for Aboriginal gov-
ernments as Ottawa talks to various stakeholders about
the implications.
JoAnn Jamieson, a partner at Lawson Lundell LLP in
Calgary, says there are a couple of areas that remain "a
little uncertain" for the mining companies that will bear
Harrison, QC, Elizabeth J.
Farris, Vaughan, Wills & Murphy LLP
(604) 661-9367
eharrison@farris.com
Mrs. Harrison has extensive experience in corporate, M&A and securities
transactions. She represents global technology and mining corporations.
Experience includes M&A, take-overs and related-party transactions, and
public and private financings.
Hong, Peter S.
Davies Ward Phillips & Vineberg LLP
(416) 863-5557
phong@dwpv.com
Mr. Hong is a partner in the Corporate/Commercial, Capital Markets and
M&A practices. He has been involved in numerous transactions, including
the sale and acquisition of public and private companies, financings
and corporate reorganizations.
Houston, Ian J.
Borden Ladner Gervais LLP
(416) 367-6111
ijhouston@blg.com
Mr. Houston is National Leader of BLG's Construction Group
and specializes in advising clients in relation to contentious
and non-contentious issues on major capital projects in the mining,
energy, transportation and social infrastructure sectors.
Hudec, Albert J.
Farris, Vaughan, Wills & Murphy LLP
(604) 661-9356
ahudec@farris.com
Mr. Hudec's corporate finance and securities practice focuses
on cross-border M&A, public equity and venture capital financing,
and board and independent committee representation, with emphasis
on the resource and technology industries.
Hudson, Roy H.
DLA Piper (Canada) LLP
(403) 698-8708
roy.hudson@dlapiper.com
Mr. Hudson advises junior and mid-tier national and international mining
and resource companies, both public and private. He handles their
securities law compliance, project development, M&A, corporate
governance and other legal requirements.
Hunter, Christopher N.
Norton Rose Fulbright Canada LLP
(416) 216-1906
chris.hunter@nortonrosefulbright.com
Mr. Hunter advises and represents clients on the acquisition,
enforcement & exploitation of all forms of IP, including patents,
trade-marks, copyrights, industrial designs & trade secrets,
and strategic advice to clients concerning their IP portfolios.
LEXPERT RANKED LAWYERS
