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  • Posts by Chris G. Baldwin
    Senior Counsel

    Chris advises on acquisitions and dispositions of mines and mining companies, project development and mine operations throughout Canada and the world. He has assisted in the structuring and negotiation of hundreds of ...

In a January 3, 2012 decision illustrating that the “free entry” mining system in Ontario may be limited by Aboriginal consultation, Madam Justice Carole Brown of the Ontario Superior Court of Justice granted the Wahgoshig First Nation an injunction against junior mining company Solid Gold Resources Inc.  Wahgoshig argued that they must be consulted about ...

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On November 15, 2011, the Supreme Court of Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2011 YKSC 84. The case is important as it is the first court decision to consider the issue of whether the Government of Yukon has a duty to consult with First Nations when recording quartz mineral claims under the Quartz Mining Act (the “Act”).  It is also ...

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On December 2, 2011, the members of the Xeni Gwet’in First Nation Government and the Tsilhqot’in Nation successfully obtained an injunction against Taseko Mines to carry out geotechnical drilling in support of its preparation of an environmental assessment of its revised New Prosperity Mine Project (see Taseko Mines Limited v. Phillips, 2011 BCSC 1675).  The two ...

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Posted in Environmental

The Ontario Court of Appeal has overturned the July 6, 2010 decision of the Honourable Mr. Justice Henderson in Smith v. Inco Ltd (2011 ONCA 628), setting aside the initial award of $36 million in damages.  At trial, the claimants successfully argued that the value of their properties were diminished because of nickel contamination originating from Inco’s refinery in Port ...

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Posted in Mining

Québec's Plan Nord, which is to be officially launched shortly, provides for the development of Québec's territory north of the 49th parallel over a 25-year time horizon. Sustainable development is an essential component of Plan Nord, and approximately 50% of the territory will be excluded from all industrial activity under the terms and conditions that are expected be ...

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Posted in Mining

The 2011 Federal budget (“Budget 2011”) proposes that the Mineral Exploration Tax Credit, known also as the super flow-through share program, that was due to expire at the end of March 2011 be extended for an additional year to March 31, 2012. The temporary 15-per-cent Mineral Exploration Tax Credit helps companies raise capital by providing an incentive to ...

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Posted in Mining

On March 13, 2009, the lieutenant-governor in council issued an order-in-council to prevent permits from being issued for uranium and thorium exploration and development in B.C.  The order-in-council, issued under the Environment and Land Use Act, codifies the policy position issued by the government of British Columbia in April 2008 that it would not support the mining ...

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On April 7, 2009, the Province of British Columbia announced they have signed a Mining and Minerals Agreement with the Stk’emlupsemc of the Secwepemc Nation ("SSN") (as represented by the Tk’emlúps (formerly Kamloops) Indian Band and the Skeetchestn Indian Band) which will help to develop capacity for the SSN to participate in, and benefit from, mining activities ...

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The Kitikmeot Inuit Association (KIA) Board at their meeting of February 9, 2009 unanimously passed a resolution to adopt the Nunavut Tunngavik Inc. (“NTI”) Mining, Uranium, and Reclamation Policies as policies for managing surface Inuit Owned Lands in the Kitikmeot and the Article 41 Lands.  The NTI Mining, Uranium, and Reclamation Policies were passed by the NTI ...

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Posted in Mining, Regulatory

Bilcon Inc., an American construction firm, has launched a challenge under the North American Free Trade Agreement (“NAFTA”) that claims an environmental review panel had an anti-foreign bias when it recommended against allowing a quarry in western Nova Scotia.   Bilcon had proposed a basalt quarry on a 152 hectare site approximately 30 kilometers southwest of Digby ...

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Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.

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