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2016/17
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LEXPERT 19
Dominique, Brian P. Cassels Brock & Blackwell LLP
(416) 869-5435 bdominique@casselsbrock.com
Mr. Dominique's commercial law practice includes M&A, debt financings,
project financing, unique commercial contracts and real property law.
He has recognized experience in the mining and electricity industries
and related Aboriginal matters.
Dubé, Georges McMillan LLP
(416) 865-7000 georges.dube@mcmillan.ca
Mr. Dubé has extensive experience in public-market corporate finance,
take-over bids and M&A transactions in domestic and cross-border
context across a number of industries, including real estate, mining and
technology. Assists with strategic decisions by boards and acts frequently
for special committees and financial advisors in the context of change
of control and related-party transactions.
Egan, Wayne T. WeirFoulds LLP
(416) 947-5086 wegan@weirfoulds.com
Mr. Egan, Chair of the firm's securities practice group, provides customized
legal advice to private and public resource companies on various financing
and regulatory matters, including IPOs, private placements, M&As, govern-
ance and stock exchange listings. The firm's mining clients require legal
expertise that extends to all corners of the world, and Mr. Egan
has consistently delivered.
Faille, Maxime Gowling WLG
(604) 891-2733 maxime.faille@gowlingwlg.com
Mr. Faille leads the firm's national Aboriginal Law Group, and acts for First
Nations, Inuit and Métis communities across Canada, as well as private-
sector interests seeking to do business with Aboriginal communities.
Fashler, Robert A. Gowling WLG
(604) 443-7616 robert.fashler@gowlingwlg.com
Mr. Fashler is a lawyer, trade-mark agent, arbitrator and mediator with
expertise in the protection, commercialization and enforcement of trade
secrets, intellectual property and technology. He has significant experience
assisting clients engaged in mineral exploration, extraction, processing
and sale.
Ferance, Stephen Gowling WLG
(604) 891-2295 stephen.ferance@gowlingwlg.com
Mr. Ferance is a patent agent and lawyer practising in patent prosecution
and portfolio management for high-tech and mechanical inventions. His
physics background enables him to handle innovations spanning a broad
range of mining and resource extraction technologies, ranging from
geophysical signal processing to downhole drilling tools to hydrocyclones
and skim tanks.
in Vancouver. "e case law has now evolved to the
point where it provides relative certainty regarding the
Crown's obligations with respect to Aboriginal rights,
treaty rights and the role of the honour of the Crown."
According to O'Callaghan, opportunity accompa-
nies the emerging certainty. "e industry now has huge
prospects for getting shared value through agreements
with First Nations and by undertaking its own consul-
tations," he says. "What I'm talking about are things
like access to the local workforce, access to traditional
knowledge, assistance in dealing with environmental
risk and with other risks that could arise if the Crown is
not doing what it should be doing."
e upshot is that most companies operating in
Canada now understand the immense value of partner-
ing with First Nations and other Aboriginal groups.
"Where you see the advantages most vividly is in hav-
ing First Nations onside in environmental assessment,
which tends to quell regulators' concerns that their is-
sues have not been dealt with adequately," O'Callaghan
says. "Companies are also realizing these benefits much
earlier in the process than they did in the past."
O'Callaghan's Toronto-based partner, Michael
Bourassa, says the industry has largely accepted the cur-
rent state of affairs. "It's almost like the Aboriginal-re-
lated issues have been factored into mining companies'
planning," he says. "at's just the reality, because people
will face community involvement as part of the permit-
ting process wherever they go."
As far as Bourassa is concerned, the mining regime in
Canada may not be perfect, but it's about as good as it
gets anywhere.
"Despite the uncertainties as to where the law is go-
ing, and even though it may take a long time to get
things done, Canada is – at least in some ways – a model
of how things should be done," he says.
Not everyone agrees. According to a recent
report from the Fraser Institute, the duty to consult re-
mains "a patchwork" of Canadian policies. "ere are
some principles that all jurisdictions share, such as the
Crown's taking responsibility for the duty to consult;
and yet there are other principles that differ dramatically
depending on the province in which a project is located,"
the authors write.
By way of example, BC, Manitoba and Québec are
the only jurisdictions that don't explicitly state in their
policies that Aboriginal communities must participate
in the consultation process. e policies of these three
provinces, as well as those of Ontario, are still in dra
form. "In the case of Ontario, their policy has been in
dra form since 2006," the study's authors note.
Mining lawyers say that there are other issues as well.
Brian Abraham, in the Vancouver office of Dentons
Canada LLP, believes that too much legislative del-
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