Natural Resources & Energy Industry

On July 29, 2025, the Fraser Institute released its Annual Survey of Mining Companies, 2024. The Institute describes its survey as “the most comprehensive report on not only mineral potential… Learn More

On February 28, 2025, the Supreme Court of Canada issued a unanimous decision allowing the Métis Nation – Saskatchewan (“MNS”) to continue its application for judicial review of the Government… Learn More

The simplest legal contract is an exchange, and it can be settled by a handshake or a simple “yes,” or an “I agree.” In business most contracts are settled in… Learn More

In recent months, discussions around artificial intelligence (AI) have become ubiquitous with news stories and social media posts highlighting its benefits and challenges appearing daily. New AI tools and services… Learn More

On November 7, 2024, the Manitoba government passed Bill 37, officially known as The Budget Implementation and Tax Statutes Amendment Act, 2024. This legislation introduces significant updates to The Labour… Learn More

AMPs are upon us. Following a reported 135 million–liter sewage spill into the Red River from a broken City of Winnipeg sewer pipe, Manitoba Environment Minister Tracy Schmidt made it… Learn More

In 1850 the Anishinaabe of Lake Huron and Lake Superior made treaties with the Crown. In exchange for ceding their land, the Anishinaabe received, among other things, the promise of… Learn More

As threat actors ramp up efforts, organizations need to be prepared for a cybersecurity incident. With first-hand knowledge of an organization’s operations, in-house counsel can serve as a valuable resource… Learn More

By the time this article goes to print, Manitoba is expected to have a new legislative regime that will not only settle uncertainty as to who owns and who has… Learn More

When Canada’s fathers of Confederation (there were no women at the table) first met in Charlottetown in 1864, little could they anticipate that the courts would still be hashing out… Learn More

On August 29, 2023, Federation of Sovereign Indigenous Nations (a Saskatchewan-based group of independent First Nations) held a press conference announcing that it would be commencing a legal action in… Learn More

As I write this article, the Manitoba Wildfire Service is advising that wildfire danger in central and eastern Manitoba is high to extreme. Nine active wildfires are burning. Seven thousand… Learn More

On January 18, 2023, the Province of British Columbia (BC) and the Blueberry River First Nation (“BFN”) signed a ground-breaking implementation agreement that provides a framework for collaboration and joint… Learn More

On November 16, 2022, by ministerial letter, the Honourable Dan Vandal, in his role as Minister of Northern Affairs, and on behalf of the Ministers of Environment and Climate Change,… Learn More

In May, I had the good fortune to attend an international mining law conference. One of the featured panels dealt with occupational health and safety law and the potential liability… Learn More

On June 29, 2021, thermometers reached 49.6° C in Lytton, British Columbia, the hottest temperature ever recorded in Canada. The following day a wildfire, stoked by drought conditions and 70… Learn More

The Fraser Institute publishes an annual survey of mining companies that sets out world rankings of jurisdictions based on attractiveness for mining investment. In 2017, Manitoba was ranked the number… Learn More

On October 22, 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks]. The issue before the Court was whether… Learn More

The “Numbered Treaties” in Canada are a series of eleven post-Confederation Treaties that were concluded between Canada and the signatory First Nations from 1871 to 1921. Together, they cover a… Learn More

On February 11, 2021 the Manitoba Departments of Conservation and Climate (CC) and Agriculture and Resources Development (ARD) announced that a letter of intent had been signed by their respective… Learn More

On December 6, 2019 the Supreme Court of Canada released its decision in Resolute FP Canada Inc. v. Ontario (Attorney General). The Court held that a 1985 indemnity granted by… Learn More

What is the role of a municipality in regulating environmental concerns?  What are its powers? What kinds of things should municipalities be considering in order to promote stable, environmentally sound… Learn More

Royalty interests form an important part of mineral ownership and mining finance.  Under a royalty arrangement the operator of a mining project will pay to the royalty holder a stream… Learn More

One hundred fifty years after Confederation, there is a flurry of activity in the Canadian court system in relation to Canada’s Constitution and its impacts on natural resource development and… Learn More

In 2012 the then Government of Canada’s Omnibus budget legislation included significant amendments to the environmental assessments and approval provisions of both the Canadian Environmental Assessment Act and the Fisheries… Learn More

On October 3, 2018, Manitoba Premier Brian Pallister announced that Manitoba would no longer include a “carbon tax” in the Made-in-Manitoba Climate and Green Plan. Federal Environment Minister Catherine McKenna… Learn More

A number of years ago I attended an event at which Irwin Cotler, then Federal Minister of Justice, was the featured speaker. Being a former professor, his speech was as… Learn More

The current Liberal Federal Government is moving full-swing in its promised amendments to the legislation governing the federal environmental assessment process and the environmental protection provisions related to the Federal… Learn More

Disputes are often resolved through arbitration. Arbitrators often interpret and apply the law in arriving at a decision. What happens when an arbitrator gets it wrong and how wrong does… Learn More

“’Greenpeace’ is a global fraud.” So begin the allegations in the colourful preliminary statement of the Complaint filed in 2016 in the U.S. District Court in Georgia on behalf of… Learn More

Laws intersect. Laws run parallel. Sometimes they collide. What happens then? On May 19, 2016 the Alberta Court of Queen’s Bench released its decision in Re: Redwater Energy Corporation.  Redwater was an… Learn More

Section 91 of the Canadian Constitution (the Constitution Act, 1867) gives the Parliament of Canada (i.e., the federal government) exclusive jurisdiction over “Indians and Lands reserved for the Indians”.  Sounds… Learn More

Does your company own a site that has been used for manufacturing for a long time? Has there ever been an environmental site assessment? Was the assessment report filed with… Learn More

On February 29, 2016 a judge of the British Columbia Provincial Court ordered Teck Metals Ltd. to pay a $3 Million penalty.  Teck had pleaded guilty to three offences under… Learn More

No Piercings Yet On September 4, 2015, the Supreme Court of Canada released its long-awaited decision in the case of Chevron Corporation v. Yaiguaje.  The ruling settles the law in… Learn More

Sapotaweyak Cree Nation v. Manitoba Who must consult with First Nations in connection with a development project? According to the Manitoba Courts, not a Crown Corporation. On March 2, 2015,… Learn More

Surface rights have been a topic of increasing importance in Manitoba over the last several years. While much of this can be attributed to increased oil and gas activity, this… Learn More

On February 26, 2015 the British Columbia Court of Appeal reversed a $1.75 million damage award granted in 2013 to Moulton Contracting Ltd. against the B.C. Government in respect of… Learn More

The newsletters, conferences and webcasts are all still abuzz with the Supreme Court of Canada’s 2014 decisions in Tsilhqot’in Nation v. British Columbia (June 26) and Grassy Narrows First Nation… Learn More

Intoxicants have any number of deleterious consequences in a workplace including effects on performance, the health and safety of others and an employer’s reputation. It is then no wonder that… Learn More

Are Crown consultations with First Nations required in all circumstances where the Crown issues a resource-related permit? There is some guidance to be found in the March, 2014 decision of… Learn More