The Year In Review: Mining In The Courts Highlights

It has been an interesting year for the mining sector, with legal developments inside and outside of the courts. Of particular note are the continuing impact of Aboriginal law, ongoing jurisdictional challenges to extra-jurisdictional claims, and significant changes in the regulatory landscape.

Aboriginal law. In 2015, the British Columbia Court of Appeal:

• Held that Aboriginal claimants were entitled to advance a claim in nuisance against a mining company on the basis of asserted, but unproven, Aboriginal title and rights. A similar line of cases is also developing in Québec. See Saik'uz First Nation (page 17) and Iron Ore Company of Canada (page 14); and
• Reversed the British Columbia. Supreme Court's holding that the province owed a duty to inform a licence holder of Aboriginal opposition and threats to the licence holder's operations. See Moulton Contracting (page 15).