18 LEXPERT
|
2016/17
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WWW.LEXPERT.CA
MINING IN CANADA
OPPORTUNITY
IN CERTAINTY
THE UNCERTAINTY THAT came with the evolution of Aboriginal
rights as enunciated by the Supreme Court of Canada over the past
few years has been the big story in any discussion of legislative or juris-
prudential developments affecting the country's mining industry.
As well it might: Indigenous and Northern Affairs Canada esti-
mates that the duty to consult, which finds its origins in the SCC deci-
sions, arises more than 100,000 times annually for some provinces and
more than 5,000 times annually for the federal government.
Recently, however, the uncertainty and confusion have given way
to a certain acceptance – even calm – from the industry as the court's
rulings play out on the ground and in subsequent decisions.
"I think we've moved way past the issues surrounding a lack of clar-
ity," says Kevin O'Callaghan of Fasken Martineau DuMoulin LLP
Despite lingering
uncertainties for mining
companies operating
in Canada,
improvements
are happening
on various fronts
By Julius Melnitzer
PHOTO:
SHUTTERSTOCK
