Mining Prospects

Trends and Developments in Mining Law in Canada and Internationally

BC First Nation Commences Treaty 8 Infringement Action Against Province

Posted in Aboriginal and Environmental Issues, Litigation, Mining
Stephanie AxmannSelina Lee-Andersen

The following post by Selina Lee-Andersen and Stephanie Axmann on our Canadian Energy Perspectives blog may be of interest to readers of this blog: BC First Nation Commences Treaty 8 Infringement Action Against Province

The article addresses the treaty rights infringement claim (Claim) commenced by Blueberry River First Nations on March 3, 2015 against the Province of British Columbia (Province). The Claim, filed March 3, 2015, alleges that the Province has breached its Treaty 8 obligations due to the cumulative impacts of provincially authorized industrial development in BRFN’s traditional territory. The article also discusses the ongoing claim commenced in 2008 by the Beaver Lake Cree Nation in Alberta alleging that cumulative effects of resource development violate its Treaty 6 rights.

Appeals Court Overturns Damages Award to Proponent for Aboriginal Blockade

Posted in Aboriginal and Environmental Issues, Litigation, Mining
Bryn GrayStephanie Axmann

The BC Court of Appeal (BCCA) has overturned a significant trial decision that had ordered the province of British Columbia (Province) to pay $1.75 million in damages to a logging company arising from a blockade by members of a Treaty 8 First Nation.

The BCCA’s decision, Moulton Contracting Ltd. v. British Columbia [1] could limit the potential grounds for relief by mining, forestry and other resource developers against government when blockades or other efforts by Aboriginal groups impede project development after permits are granted. Continue Reading

$785,000 Government-Funded Study into Viability of Ring of Fire Road

Posted in Aboriginal and Environmental Issues, Mining
Lynn ParsonsZachary MasoudClaire Gowdy

The federal and Ontario governments recently announced that they will commit $785,000 to fund a joint study into the viability of an all-weather road providing access to the Ring of Fire mining region in northwestern Ontario. The announcement, made on March 1st at the 2015 Prospectors and Developers Association of Canada’s (PDAC) international Convention in Toronto, was seen by many as a particularly positive step forward for the Ring of Fire project after months of stalemate as the two governments debated their respective responsibility for supporting resource development in the ore-rich region. The proposed year-long joint study contemplates the development of an east-west transportation corridor connecting the mineral deposits, which have been valued in the tens of billions of dollars, with Pickle Lake, about 500 kilometers northwest of Thunder Bay. Noront Resources and KWG Resources Inc. are two of the companies currently pursuing resource development in the region but, as Canada’s Minister of Natural Resources Ltd. and Minister for the Federal Economic Development Initiative for Northern Ontario has noted, not only mining companies stand to benefit. The proposed road would also bring much needed access to southern Canada for four First Nation communities – the Webequie, Eabametoong, Neskantaga and Nibinamik – as well the improvements to electricity reliability, healthcare, and the lower costs of food and necessities that typically accompany such access.

McCarthy Tétrault releases fifth annual Mining in the Courts

Posted in Litigation, Mining

McT_Mining_in_the_Courts_Book_Cover_JAN2015We are pleased to bring you the newest edition of our popular book, Mining in the Courts, Year in Review. Developed by McCarthy Tétrault, Mining in the Courts, Year in Review, Vol. V provides an overview of legal developments and case law updates on matters that impacted the mining sector in the past year. In this publication, we also offer our perspective and insights on issues important to the mining sector, and is ideal for mining executives and in-house counsel looking to understand the impact of recent decisions on their business and investment strategies.

Read more about this year’s edition

Download a copy

Legal Challenges Facing the Mining Industry Today

Posted in Aboriginal and Environmental Issues, Corporate Finance, Corporate Governance and Continuous Disclosure, Litigation, M&A, Mining

Please join us on Monday, March 2, 2015 at the 2015 PDAC conference, where our National Mining Group will present a program specifically tailored for in-house counsel and other decision makers in the mining industry. The program will offer panel discussions on the latest legal developments and issues facing mining companies in Canada and abroad.

Topics presented on will include:

¬  Mining in Canada in the wake of the landmark Tsilhqot’in decision on aboriginal title and the Mount Polley Mines Tailings Facility Breach

¬  Emerging issues in anti-corruption laws and policies

¬  Top legal trends in mining M&A and financing

¬  Review of important new court decisions impacting contracts, arbitration and dispute resolution in the mining industry

This program qualifies for up to 2 hours of eligible educational activity or CPD/MCE credit under the mandatory education regimes in British Columbia, Ontario and Québec.

For questions about this seminar, please contact Julie McMartin.

**Please note that you do NOT have to be a registered attendee for the PDAC Conference to attend our presentation. There is no charge to attend our event.**

Kaska Nation announces plans to develop a new Resource Law in its traditional territory, while Yukon Government extends staking prohibition in Ross River Area

Posted in Aboriginal and Environmental Issues, M&A, Mining
Stephanie AxmannSelina Lee-Andersen

Kaska Nation announces plans for new Resource Law

On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations (Kaska Resource Law).  The introduction of the Kaska Resource Law is intended to provide clear direction to resource proponents seeking to operate in the Kaska Nation’s traditional territories. The Kaska Nation is comprised of the Ross River Dena Council, Liard First Nation, Daylu Dena Council, Dease River First Nation and Kwadacha First Nation, whose traditional territories extend over parts of northern British Columbia, southeastern Yukon and southwestern portions of the Northwest Territories. Continue Reading

Québec Government Creates the Société du Plan Nord

Posted in M&A

The following article on the creation of the Société du Plan Nord was published on our firm’s Canadian Energy Perspectives blog and may be of interest to our readers. This corporation established by the Québec government will come into being on April 1, 2015 and its mission will be to contribute to the orderly development of Northern Québec.

Canadian Government Introduces Enhanced Corporate Social Responsibility Strategy for Resource Companies

Posted in Corporate Governance and Continuous Disclosure, M&A, Mining
John BoscariolPeter BradyDavid HamerSteven MolnarMeghan S. Bridges

On November 14, 2014, the Minister of International Trade announced Canada’s enhanced Corporate Social Responsibility (CSR) Strategy, “Doing Business the Canadian Way: A Strategy to Advance CSR in Canada’s Extractive Sector Abroad”. Like its predecessor, the CSR Strategy applies to all resource companies headquartered in Canada with extractive operations abroad. Continue Reading

Québec government proposes a discount on industrial electricity rates

Posted in Power

The following post by Louis-Nicolas Boulanger and Franck Marvel Ngandui on the Canadian Energy Perspectives blog may be of interest to readers of this blog:

Québec Government Proposes a Discount on Industrial Electricity Rates

On October 14, 2014, the Minister of Energy and Natural Resources and the Minister Responsible for the Northern Plan, Mr. Pierre Arcand, and the Minister of the Economy, Innovation and Exports, Mr. Jacques Daoust, introduced Québec’s strategy to use its electricity surpluses: a 20% discount on the current industrial electricity rates to encourage investments and new projects in the province. Read more.

Quebec Introduces An Act respecting the Société du Plan Nord

Posted in Aboriginal and Environmental Issues, Mining
Louis-Nicolas BoulangerDaniel Bénay

On September 30, 2014, the Quebec government introduced Bill 11 to create the Société du Plan Nord which will be responsible for, inter alia, the coordination of the implementation of the Plan Nord. We invite readers to see our summary of the Bill’s highlights, originally posted on our firm’s main website.