20 LEXPERT
|
2017/18
|
WWW.LEXPERT.CA
quire them to look seven generations ahead. ey are
embedded in the land, so environmental protection,
which does encompass climate change, is a huge issue."
As to potential risks in mining operations stemming
from the effects of climate change, Kempton, whose law
firm works exclusively for Indigenous peoples, persons
and organizations, says, in her experience, Indigenous
people tend not to fragment items off into separate silos
or boxes on each issue.
"First Nations feel they have the right to consent
or withhold consent to developments such as mines
within their traditional lands or that otherwise affect
their rights. So any mine is looked at from a holistic and
global perspective, taking into account all of its potential
impacts — environmental, social, cultural and econom-
ic — as a whole."
Indeed, a mining project encompasses multiple and
broad considerations that need to be taken in totality
throughout its lifetime, says Bergner. For example, he
asks, what can be done to adapt or mitigate the effects
of climate change on the mine during not only its opera-
tions stage — but also when it has ceased functioning?
He says mines don't move around, but birds, caribou
or moose herds do. "e mining project will still be
there, even if it's in the closure and reclamation stage.
What today might be a very minor impact on the habi-
tat of a healthy animal or bird population might become
a much more significant impact on a population dimin-
ished or dislocated by climate change." So, in the case of
mining, these are very project-specific issues.
Economics and Green Energy
ere's a growing convergence of thought between min-
ing economics and the environment, says Quentin Mar-
kin, partner and co-head of the global mining group at
Stikeman Elliott LLP. e Vancouver-based lawyer says,
"It's turning out in many situations that it makes eco-
nomic sense to be developing mining infrastructure that
is greener; that it really is actually advantageous for a lot
of mining companies to start going down this path."
As an example, mines in locations off the power grid
and without nearby infrastructure access have histori-
cally taken one of two approaches: they either build a
Laval, Cyndi D. Gowling WLG
(604) 891-2712 cyndi.laval@gowlingwlg.com
Ms. Laval is a partner and leader of Gowling WLG's Corporate
Finance, M&A and Private Equity Practice Group. She advises resource
clients, domestically and internationally, on a broad range of activities
with a particular focus on M&A, corporate finance and mining trans-
actions. She is recognized as a leading mining and M&A lawyer
by several publications.
Levy, Eric M. Osler, Hoskin & Harcourt LLP
(514) 904-8177 elevy@osler.com
Mr. Levy focuses on corporate and securities law. His work encompasses
initial public offerings as well as other public and private placement
offerings of many Québec-based and multinational companies in various
industries, including mining.
Lissoir, Luc Gowling WLG
(514) 392-9571 luc.lissoir@gowlingwlg.com
Mr. Lissoir is an experienced business lawyer focusing on project
financing, PE, M&A and Corporate Finance related to the mining sector.
He acts for foreign and domestic players in acquisitions, financing,
development, monetization and divestiture of mining portfolio assets,
and has experience representing consortiums, developers and lenders
on infrastructure matters in Canada and internationally.
Longhurst, Jennifer Davies Ward Phillips
& Vineberg LLP (416) 367-7453 jlonghurst@dwpv.com
Ms. Longhurst is a partner in the M&A, corporate/commercial, capital
markets and mining practices. She advises acquirers, targets, investors
and boards on mergers and acquisitions, equity and debt financings,
private-equity matters, and shareholder activism and engagement.
She regularly counsels on securities law, public reporting and corporate
governance issues and best practices.
Lyons, Catherine A. Goodmans LLP
(416) 597-4183 clyons@goodmans.ca
Ms. Lyons's mining practice focuses on environmental assessment,
environmental permitting and compliance from exploration to closure
plans and social licence matters. Advised on a foreign investment in a
mine subject to environmental approvals; a MOU with First Nations on
infrastructure construction to support development of a mine; and due
diligence on mining assets in a variety of transactions.
MacKay, Kari Goodmans LLP
(416) 597-6282 kmackay@goodmans.ca
Ms. MacKay practises corporate/securities law focusing on M&A, cor-
porate finance and governance. She advises on international mergers,
asset transactions and multi-creditor financings focused on the mining
and natural resource sector. Ms. MacKay has extensive experience at all
project stages, project financing (alternative financing), technical report-
ing, off-take agreements and asset dispositions.
LEXPERT-RANKED LAWYERS
"[First Nation] laws often
require them to look seven
generations ahead.
They are embedded in
the land, so environmental
protection, which does
encompass climate
change, is a huge issue."
- Kate Kempton, Olthuis, Kleer, Townshend LLP
