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Roy Millen

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  • 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

  • Yellow Cab Company Ltd. v. Lyft Canada Inc., 2020 BCSC 162 – Counsel for Lyft, defeating an application by Yellow Cab and others for an injunction which would have prohibited Lyft from operating in British Columbia

  • Shepherd v. Lundin Gold Inc., 2020 BCSC 258 – Counsel for Lundin Gold and Lundin Mining, successfully defending a US$12-million claim for an alleged finders fee and unjust enrichment in connection with Lundin Gold’s US$240-million purchase of a gold mining project in Ecuador. Following a 3-week trial involving multiple witnesses from around the world, the court entirely dismissed the plaintiff’s claims

  • 1120732 B.C. Ltd. v. Whistler (Municipality), 2020 BCCA 101 – Counsel for a property management company, defending a key aspect of Whistler’s resort development plan. Our client manages hotels in Whistler, in which the other parties own strata units. The B.C. Supreme Court and the Court of Appeal dismissed the other parties’ challenge to the Whistler municipal bylaws and covenant which provide for unified hotel management

  • Byram v. B.C. (Minister of Municipal Affairs and Housing) and Silver Star Resort Association, 2020 BCSC 1592 – counsel for the Association, defeating a judicial review application that challenged the very existence of the Association, which had been created by ministerial order

  • 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

  • Representing a provincial energy corporation in achieving a favourable outcome to a dispute 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 a C$10-billion aboriginal rights and title claim brought by a First Nation in the Saskatchewan Court of Queen's Bench, and negotiating a resolution of the dispute between the First Nation and the company on advantageous terms

  • 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 tax bylaw. The Court's decision has become one of the leading Canadian cases on judicial review of municipalities and other administrative decision-makers

  • Pro bono counsel for B.C. Civil Liberties Association in five Supreme Court of Canada cases involving constitutional law, judicial review, internet defamation, bail and other significant issues: 2011 SCC 47, 2012 SCC 16, 2017 SCC 15, 2018 SCC 26 and 2020 SCC 14

Awards & Recognition

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

  • The Best Lawyers in Canada 2021 (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 2021 (Aboriginal Law)

  • Chambers Global: The World's Leading Lawyers for Business 2021 (Aboriginal Law)

  • The Legal 500 Canada 2021 (Indigenous Law)

  • Acritas Stars 2020: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2020 Edition (Litigation Star: Dispute Resolution, Commercial and Aboriginal Law)

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

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

Professional Activities

Roy regularly chairs and speaks at conferences across Canada, frequently publishes articles in his areas of expertise and volunteers his time with many community and legal organizations. He is a director of the Vancouver Symphony Society, a member of the Access Pro Bono litigation committee, chair of Blakes Vancouver Associates Committee and co-chair of Blakes national Pro Bono Committee.

Roy has been an adjunct professor, guest lecturer and moot coach at the University of British Columbia Faculty of Law, guest speaker at the University of Victoria Faculty of Law, and guest instructor for the University of Western Faculty of Law. Roy was chair of the Canadian Bar Association (CBA) Supreme Court of Canada Liaison Committee, chair of the CBA B.C. Branch (CBABC) Aboriginal Law Section, legislative liaison to the CBABC International Law Section and member of the CBA National Pro Bono Law Committee. In the community, Roy was president of the board of directors of Little Mountain Neighbourhood House Society, director of the Industry Council for Aboriginal Business, and director of Better Environmentally Sound Transportation.

Publications
Professional Appearances
  • Presenter: BC’s Implementation of UNDRIP
    2020 Pacific Business & Law Institute Webinar, Developments in Aboriginal and Indigenous Law 2020, Vancouver, British Columbia, October 27, 2020.
  • Speaker: Blakes Annual Aboriginal Law Update
    Blakes Business Class Seminar, Calgary, Alberta and Vancouver, British Columbia, February 13-14, 2019.
  • 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.
Media Activities
  • Quoted: Yukon Supreme Court decision highlights intersection of self-government and Charter rights
    Article by Zena Olijnk, Canadian Lawyer Magazine, September 17, 2020.
  • Quoted: Canada ‘over-criminalizing’ poor, Indigenous and substance users who violate bail conditions, Supreme Court says
    Article by Sean Fine, The Globe and Mail, June 18, 2020.
  • Case Comment: 1120732 BC Ltd. v. Whistler (Resort Municipality), 2020 BCCA 101
    Take Five Newsletter, B.C. Edition, Onpoint Law Corp., May 2020.
  • Quoted: The New World of Stakeholder Engagement
    Article by Elizabeth Raymer, Lexpert Special Edition on Mining, March 2, 2020.
  • Quoted: Indigenous law experts weigh in on the Wet’suwet’en protests
    Article by Aidan Macnab, Canadian Lawyer Magazine, February 25, 2020.
  • Quoted: Helpful Or Harmful?; B.C.’s Indigenous rights bill fuels debate on whether it can guide companies on projects
    Article by Julius Melnitzer, Financial Post, November 29, 2019.
Education

Admitted to the Saskatchewan Bar - 2012
Admitted to the British Columbia Bar - 2001
LL.B., University of Victoria - 1999
B.A. (Hon.), Bishop's University - 1996

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