34 LEXPERT
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2016/17
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WWW.LEXPERT.CA
Q'eqchi' opposed to its Fenix mine operation, which
it acquired in a 2008 merger and sold three years later.
In a 2013 decision, the Ontario Superior Court of Jus-
tice struck an important precedent when, in denying
HudBay motions that there was no jurisdiction for the
complainants to sue in Ontario, it ruled the Q'eqchi'
suits could proceed. at ruling – meaning Canadian
companies could be sued in Canada for human rights
and environmental abuses alleged at operations they
controlled or owned abroad – only amped up the im-
portance of CSR for the Canadian extractive sector.
(HudBay denies the claims and says, on its website, "It
takes its role as a corporate citizen seriously and respects
and protects human rights wherever HudBay operates.")
Rightly or wrongly, they're just one of a slew of Cana-
dian mining firms facing international claims they fos-
tered human rights or other abuses at their operations or
were negligent in preventing them.
China – oen shamed internationally for its extractive
resource practices – has one of the worst reputations in
the global mining industry when it comes to CSR. Driv-
en by its "Going Out" strategy, China has encouraged
its state-owned and private mining companies to exploit
mineral opportunities in Africa, Latin America and oth-
er foreign regions at a voracious rate. Yet Chinese min-
ing companies have been chased out of countries – and
their mine managers occasionally murdered – for their
callous treatment of local workers, not to mention for
completely ignoring community concerns about pollu-
tion, health and safety and getting fair economic ben-
efits from their resources.
"I think it can be pretty well proven," says Steven
Vaughan of Chinese and other foreign operators, in-
cluding Canadians, "that most mine failures in the last
10 years have been failures because a mine company did
not get a social licence to operate."
e world has become a place where resource nation-
alization has become ever more prevalent. Countries
are demanding more benefits to their economies and
their citizens from the foreign companies extracting re-
sources within their borders. A leading expert on min-
ing law with Dorsey & Whitney LLP in Toronto who
has worked in 65 countries over four decades as a lawyer,
Ritchie, Kathleen M. Gowling WLG
(416) 369-4579 kathleen.ritchie@gowlingwlg.com
Ms. Ritchie practises securities and corporate law, advising on public
and private M&A and corporate finance transactions, as well as secur-
ities regulatory and corporate governance matters. She has extensive
experience relating to the creation and acquisition of royalties and
streams in the mining industry, having acted for a leading gold royalty
and streaming company, as well as mining issuers.
Rostom, Waël McMillan LLP
(416) 865-7790 wael.rostom@mcmillan.ca
Mr. Rostom is Co-chair of the firm's Restructuring and Insolvency Group.
His practice focuses on all matters relating to corporate insolvencies
from workouts, restructurings and receiverships to the purchase and
sale of distressed businesses, lending transactions and distressed
investing. He has represented different stakeholders in many domestic
and cross-border insolvencies and restructurings.
Roy, Jeffrey P. Cassels Brock & Blackwell LLP
(416) 860-6616 jroy@casselsbrock.com
Mr. Roy's practice focuses on corporate finance and mergers
and acquisitions. He regularly advises on take-over bids, arrangements
and similar transactions with particular expertise in the mining industry.
He has been involved with cross-border and international M&A
and proxy contests.
Sabine, John W. Bennett Jones LLP
(416) 777-6237 sabinej@bennettjones.com
Mr. Sabine practises securities, M&A, mining and resource and mine
finance law, globally representing both offerors and target companies
in hostile and negotiated take-over bids and private offerings of equity
and debt securities.
Scott, Trevor R. Farris, Vaughan, Wills
& Murphy LLP (604) 661-1732 tscott@farris.com
Extensive experience advising mining companies on debt and equity
financings, M&A (friendly and hostile), corporate governance and share-
holder activism. Recognized in The Canadian Legal Lexpert Directory as
a leading M&A, corporate finance and corporate commercial lawyer and
by his peers in The Best Lawyers in Canada Directory as a leading M&A,
corporate, securities and mining lawyer.
Seguin, Gilles BCF LLP
(514) 397-5570 gilles.seguin@bcf.ca
Mr. Seguin is head of the securities law team at BCF. He specializes in
securities law, M&A and corporate law and is renowned for his experi-
ence in take-over bids, public offerings and private placements. He
assists in the incorporation and organization of companies. Member
of the Québec Bar since 1982, he was also called to the Barreau
de Paris in 2016.
LEXPERT-RANKED LAWYERS
"[Canadian mining companies have
become] very conscious of the fact
they have to build good relationships
with Aboriginal people to make sure
they achieve a certain level of mutually
beneficial relationships. Relationships
where Aboriginal people are not
left out, not ignored."
- Ann Bigué, Dentons Canada LLP
PHOTO:
SHUTTERSTOCK
