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 Appeal:

  • 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 15).

Jurisdictional disputes. Canadian courts continue to grapple with their jurisdiction in relation to foreign disputes:

  • 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 the Courts.

To view the original article please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.