It has been an interesting year for the mining sector, with
legal developments inside and outside of the courts. Of particular
note are the continuing impact of Aboriginal law, ongoing
jurisdictional challenges to extra-jurisdictional claims, and
significant changes in the regulatory landscape.
Aboriginal law. In 2015, the British Columbia Court of
Held that Aboriginal claimants were entitled to advance a claim
in nuisance against a mining company on the basis of asserted, but
unproven, Aboriginal title and rights. A similar line of cases is
also developing in Québec. See Saik'uz First
Nation (page 17) and Iron Ore
Company of Canada (page 14); and
Reversed the British Columbia. Supreme Court's holding that
the province owed a duty to inform a licence holder of Aboriginal
opposition and threats to the licence holder's operations. See
Moulton Contracting (page
Jurisdictional disputes. Canadian courts continue to
grapple with their jurisdiction in relation to foreign
The Supreme Court of Canada held that an Ontario court had
jurisdiction in a proceeding to enforce an Ecuadorian judgment
against a company and its Canadian subsidiary. The question of
whether the judgment will ultimately be enforced against these
parties has yet to be decided. See Chevron Corp.
(page 31); and
The British Columbia Supreme Court declined to take
jurisdiction over a proceeding in which the plaintiff s sought to
hold a parent company responsible for the alleged human rights
abuses of its foreign subsidiary in Guatemala. See
Garcia (page 31).
Regulatory change. The regulatory landscape impacting
mining companies continues to evolve, including Canada's
renewed commitment to address climate change (see article
on page 41) and new transparency and disclosure
obligations in respect of foreign activities (see articles
on pages 20 and 60). Also of note is the Supreme Court of
Canada's decision in Guindon (page
18), confirming the constitutionality of large
administrative monetary penalties. This decision aligns with the
increased use and force of administrative penalties to sanc tion
statutory and regulatory contraventions.
We hope you enjoy reading more about these and the other legal
developments featured in this year's edition of Mining in
Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).