Mining Prospects Trends and Developments in Mining Law in Canada and Internationally

Tag Archives: SCC

McCarthy Tétrault releases its latest edition of Mining in the Courts, Year in Review

Posted in Aboriginal and Environmental Issues, Mining, Tax

McCarthy Tétrault’s Global Mining Litigation Group released its 8th edition of Mining in the Courts, Year in Review. This annual publication contains analysis and commentary on the most important legal developments and case law over the past year impacting the mining industry.

Mining in the Courts provides a summary of new case law and legal developments that mining executives and in-house counsel need to be aware of as they conduct their mining operations in Canada and abroad.

Click here to download a copy.… Continue Reading

“Social Licence” Concepts and Canadian Mine Development

Posted in Aboriginal and Environmental Issues, Litigation, Project Development, Commercial Arrangements and Agreements

In this article, we examine two recent British Columbia court decisions that illustrate the growing body of environmental, social and cultural issues that must be considered and addressed in order to obtain the “social license” required for mine development.

Canadian Aboriginal Law

Existing Aboriginal and treaty rights are constitutionally protected in Canada, but are not absolute. Actions of Canadian governments that “infringe” on these rights by allowing companies to engage in exploration and development of mining properties can be judicially held to be justified in the right circumstances. Justification requires that the appropriate Canadian government (i) conducts legally appropriate “consultation” … Continue Reading