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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

  • 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

  • Assisting a large energy corporation to resolve a long-running 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 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 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 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 2020 (Aboriginal Law)

  • Chambers Global: The World's Leading Lawyers for Business 2020 (Aboriginal Law)

  • The Legal 500 Canada 2020 (Indigenous Law)

  • 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)

  • 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")

Professional Activities

Roy regularly chairs and speaks at conferences across Canada and frequently publishes articles in his areas of expertise. He is a director of the Vancouver Symphony Society, a member of the Access Pro Bono litigation committee and chair of the Blakes Vancouver Associates Committee. Roy is a guest instructor for the University of British Columbia Law Trial Advocacy course and coach of the University of British Columbia Law team, Willem C. Vis International Commercial Arbitration Moot.

Roy's prior volunteer positions include acting as president of the board of directors of Little Mountain Neighbourhood House Society, adjunct professor at the University of British Columbia Faculty of Law, 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, member of the CBA National Pro Bono Law Committee, director of the Industry Council for Aboriginal Business, and Co-chair of the Blakes Pro Bono Committee.

Publications
Professional Appearances
  • 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.
  • 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.
Media Activities
  • 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.
  • 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.
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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