Roy Millen
Partner | Vancouver
Vancouver: 604-631-4220

Roy carries on a diverse practice with particular experience in aboriginal law, commercial litigation and international trade. Clients appreciate Roy's ability to provide prompt, straightforward and business-savvy advice in areas of the law that are complex and continually evolving.

In aboriginal law, Roy advises private-sector clients across Canada on the development of energy, mining and other major projects. He negotiates commercial agreements, impact benefit agreements, consultation protocols and other arrangements with First Nations. He also assists clients in navigating the regulatory processes necessary to secure project approval and defends proponents from litigation challenges brought by aboriginal groups and individuals.

Roy has succeeded in all levels of courts, including the Supreme Court of Canada, as well as arbitration and administrative tribunals. In addition to regulatory matters, he represents clients in construction litigation, contract disputes, injunctions and disputes involving claims of fraud, negligence, defamation, breach of trust and misrepresentation.

Roy joined the Firm in 2000, shortly after clerking for Chief Justice McLachlin at the Supreme Court of Canada.

Roy provides legal services through Roy Millen Law Corporation.

SELECT EXPERIENCE
  • Advising and representing LNG Canada on its C$40-billion project to export LNG from Kitimat, B.C., including negotiating agreements with First Nations, successfully defending challenges in the Federal Court and Federal Court of Appeal to the National Energy Board approval of the project, and assisting in obtaining the environmental assessment certificate for the project

  • 1114829 B.C. Ltd. v. Whistler (Municipality), 2019 BCSC 984 – Counsel for a property management company in litigation brought by other parties challenging Whistler’s resort development plan. The company manages hotels in Whistler, in which the other parties own units. The other parties’ challenge to the Whistler bylaws and covenant which provide for unified hotel management was denied by the B.C. Supreme Court

  • Marine Harvest Canada Inc. v. Morton, 2017 BCSC 2383 and 2018 BCSC 1302 – Counsel for Marine Harvest, obtaining multiple injunctions to end the unlawful occupation and continued harassment of staff at its aquaculture facilities

  • Counsel to Seabridge Gold Inc. since 2010 on its regulatory strategy, including engagement with five different aboriginal groups and the negotiation of impact benefit agreements in connection with Seabridge's approved C$5-billion Kerr-Sulphurets-Mitchell project, one of the largest potential gold-copper mines in British Columbia

  • Advising a large energy corporation concerning a dispute and negotiations with a multi-community Indigenous People concerning a historic settlement agreement and recent impacts resulting from the operation of the most complex energy system in the jurisdiction

  • Counsel for Pure Gold Mining Inc., negotiating a Project Agreement with Wabauskang and Lac Seul First Nations, in support of Pure Gold’s gold mine in Ontario. The Agreement confirms the First Nations’ collaboration with Pure Gold in support of the permitting process, establishes employment, contracting and education opportunities for the First Nations’ members, and provides significant benefits to the First Nations

  • Advising a major international mining corporation with respect to its projects in Saskatchewan, negotiating agreements with multiple First Nations and addressing litigation brought by one First Nation

  • Counsel for a major North American building supplier, defending a claim that the materials supplied to a B.C. mine were defective; following court hearings and a mediation involving the supplier, building erector, prime contractor and owner, a settlement was achieved involving payment by the supplier of a small portion of the claimed amount

  • Counsel for a leading Western Canada university, defending a claim by a general contractor, subcontractor and supplier in connection with the replacement of a university facility; significant work was done, including involving the university's contracted architectural and engineering firms, resulting in a settlement of the claim for a limited contribution from the university

  • Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7 - Counsel for FLSC, challenging federal legislation that would have required lawyers to record and retain client information in aid of potential criminal investigations. All levels of court found the provisions unconstitutional

  • Catalyst Paper Corporation v. North Cowichan (District), 2012 SCC 2 - Counsel for Catalyst, challenging a municipal bylaw that the Supreme Court of Canada upheld but stated was "harsh" and imposed a "grossly disproportionate part of the District's tax levy" on Catalyst

  • Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43 - Counsel for the Independent Power Producers Association of B.C., intervening to address the duty to consult Aboriginal Peoples regarding non-physical effects of energy purchase agreements

  • Pro bono counsel for B.C. Civil Liberties Association in four Supreme Court of Canada cases involving constitutional law, judicial review, internet defamation and other significant issues: 2011 SCC 47, 2012 SCC 16, 2017 SCC 15 and 2018 SCC 26

AWARDS & RECOGNITION

Roy is recognized as a leading lawyer in the following publications:

  • The Best Lawyers in Canada 2020 (Aboriginal Law, Administrative and Public Law, Corporate and Commercial Litigation, International Trade and Finance Law, and Municipal Law)

  • Chambers Canada: Canada's Leading Lawyers for Business 2019 (Aboriginal Law)

  • The Legal 500 Canada 2019 (Aboriginal)

  • The Canadian Legal Lexpert Directory 2019 ("Repeatedly Recommended" in Aboriginal Law - 2014-2019)

  • Acritas Stars 2019: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

  • Chambers Global: The World's Leading Lawyers for Business 2019 (Aboriginal Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2019 Edition (Litigation Star: Aboriginal and General Commercial)

  • Lexpert magazine, November 2014 ("Rising Stars: Leading Lawyers under 40")

PUBLICATIONS
Show Past:
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
Co-author: SCC Provides Guidance on Trustees’ Duty to Disclose Construction Bonds to Beneficiaries
Commercial Insolvency Reporter, Vol. 30, No. 4, April 2018.
Blakes Bulletin on Aboriginal Law, February 7, 2018.
Blakes Bulletin on Sanctions & Export Controls, November 7, 2017.
Blakes Bulletin on International Trade, December 15, 2016.
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
PROFESSIONAL APPEARANCES
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
Speaker: Finding Funds for Pro Bono Programs
7th National Pro Bono Conference, Vancouver, British Columbia, October 4-5, 2018.
Presenter: Developing the Kudz Ze Kayah Project in Southeast Yukon
First Nations Engagement, Prospectors & Developers Association of Canada 2018, Toronto, Ontario, March 7, 2018.
Presenter: Blakes Annual Aboriginal Law Update
Blakes Business Class Seminar, Vancouver, British Columbia and Calgary, Alberta, February 14 and 15, 2018.
Chair: Ethics Forum
Pacific Business & Law Institute, Vancouver, British Columbia, December 11, 2017.
Speaker: How Can the Current Environmental Regulatory Framework be Improved?
Aboriginal and Environmental Law 2017: Legal Reforms and Nation to Nation Consultations, Pacific Business & Law Institute, Vancouver, British Columbia, October 10, 2017.
Moderator: Exploring New Chapters - Private Sector Opportunities for Clean Energy in BC
2017 Spring Conference, Clean Energy BC, Vancouver, British Columbia, June 1, 2017.
Presenter: Blakes Annual Aboriginal Law Update
Blakes Business Class Seminar, Vancouver, British Columbia and Calgary, Alberta, February 23 and 28, 2017.
Presenter: Consultation and Accommodation: Update on Key Recent Cases
Aboriginal Law Conference 2016, British Columbia Continuing Legal Education. Vancouver, British Columbia, November 25, 2016.
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
MEDIA APPEARANCES
Page: 1 of 1       1        Items per page: 25 | 50 | ALL
Quoted: Supreme Court of Canada confirms First Nations have no veto power over resource projects
Article by Nelson Bennett, Business in Vancouver, July 28, 2017.
Quoted: Is there a duty to consult in the legislative processes?
Article by Justin Ling, CBA/ABC National Magazine, May 2017.
Quoted: Supreme Court shuts door on warrantless searches
Article by Cristin Schmitz, The Lawyers Weekly, March 31, 2017.
Quoted: Supreme Court reins in warrantless searches
Article by Cristin Schmitz, The Lawyer's Daily, March 17, 2017.
Page: 1 of 1       1        Items per page: 25 | 50 | ALL