Birch Miller
Partner | Calgary
Calgary: 403-260-9613

Birch practises in the areas of employment and privacy and cybersecurity law. She provides advice to clients in respect of all laws relating to workplace issues, including recruiting, hiring, discipline, terminations, employment and labour standards, human rights, disability and benefits, and alcohol and drug testing. She also advises on the collection, use and disclosure of personal, health, sensitive, technological and other types of information, such as the application of provincial and federal privacy and anti-spam laws. Birch is a member of the Blakes cybersecurity practice group and has extensive experience advising clients with respect to cybersecurity and privacy guidelines.

In addition, Birch assists clients with drafting and reviewing employment and privacy-related documentation, ranging from employment and independent contractor agreements, severance packages and confidentiality agreements to non-competition and non-solicitation agreements, as well as workplace policies and handbooks. She is also well versed in litigation, tribunal and arbitrations matters, including wrongful dismissal, provincial and federal privacy commission, employment and labour standards and human rights commission matters.

Birch has extensive transactional experience, regularly advising on the privacy, labour and employment aspects of mergers and acquisitions.

Prior to joining Blakes, she was a partner at another international law firm.


Recent representative matters with respect to which Birch has provided key employment and privacy advice include:

  • Heartland Generation Ltd., an affiliate of Energy Capital Partners, on its C$835-million acquisition
    of Canadian Utilities Ltd.’s natural gas and coal electricity generation interests in Alberta, British
    Columbia and Ontario, the largest private equity investment in the energy sector in 2019 in

  • Kinder Morgan Canada Limited on its proposed C$2.3-billion acquisition by Pembina Pipeline Corporation

  • WestJet Airlines Ltd. on its proposed acquisition by Onex Corporation for approximately C$5-billion

  • Kinder Morgan Canada on its C$4.5-billion sale of the Trans Mountain Pipeline system and expansion project to the Government of Canada

  • Suncor Energy Inc. on its agreement to sell its Petro-Canada lubricants division to HollyFrontier Corporation for C$1.13-billion

  • Agrium Inc. on its proposed US$36-billion merger of equals transaction with Potash Corporation of Saskatchewan Inc.

  • Painted Pony on its acquisition of UGR Blair Creek Ltd and its natural gas assets in the Montney in northeast British Columbia


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

  • Chambers Canada: Canada’s Leading Lawyers for Business 2020 (Employment & Labour)

  • Canadian Legal Lexpert Directory 2020 (Employment)

  • The Legal 500 Canada 2018 (Labour & Employment)

Show Past:
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Blakes Bulletin on Employment & Labour, May 29, 2019.
Canadian Association of Counsel to Employers 15th Annual Conference, Charlottetown, PEI, September 2018.
Blakes Bulletin on Employment & Labour, June 5, 2017.
Blakes Bulletin on Employment & Labour, March 30, 2017.
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Speaker: Cybersecurity and Critical Infrastructure
Blakes Business Class Seminar, Calgary, Alberta, June 26, 2019.
Panel Member: Recent Developments in Labour and Employment Law
Blakes Labour & Employment Client Seminar Toronto, Ontario, June 20, 2019.
Panel Speaker: The Law, Cannabis Use, & You
University of Alberta Privacy and Access Conference, Edmonton, Alberta, June 12-14, 2019.
Co-speaker: Prevent, Preserve and Protect: Mock Breach in the Risky Business of Cybersecurity
Blakes Business Class Seminar, Calgary, Alberta, November 23, 2018.
Co-speaker: Board Oversight of Harassment: The Internal Investigation Process
Institute of Corporate Directors Seminar, Calgary, Alberta, October 18, 2018.
Panel Speaker: Employment Contracts Re-Cast
Canadian Association of Counsel to Employers 15th Annual Conference, Charlottetown, PEI, September 2018.
Co-speaker: General Data Protection Regulation: What You Need to Know
Employment Law Section, Canadian Bar Association, Calgary, Alberta, March 26, 2018.
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Quoted: Alberta employers face new leaves
Interviewed by Sarah Dobson, Canadian HR Reporter Weekly, January 10, 2018.
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