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Dec 12, 2023

McMillan represented Gibraltar Mines Ltd. (“Gibraltar”), the second-largest copper mine in Canada and a wholly owned subsidiary of Taseko Mines Ltd., in a significant victory before the Environmental Appeal Board (“EAB”) involving the Tsilhqot’in Nation Government (appellant) and the Director, Environmental Management Act (respondent).

The appeal related to the Director’s decision to issue temporary amendments to Gibraltar’s mine effluent discharge permit, and engaged several permitting, environmental, and Aboriginal consultation issues related to the Gibraltar mine – the second largest open-pit copper mine in Canada.

The highly nuanced appeal revealed the complexities and delicate balance of environmental regulation, mining operations, scientific scrutiny, corporate responsibility, and Indigenous rights.

On December 12, 2023, following a multi-day hearing and significant closing submissions, the EAB dismissed the appeal, finding in favour of the Director’s decision to issue permit amendments to Gibraltar.

McMillan’s team was led by Robin Junger and Jamieson Virgin. Their work on this case not only creates a notable precedent – offering legal insights for practitioners – but the EAB’s lengthy decision provides strategic considerations for natural resource companies on how to navigate the delicate balance between corporate interests, environmental conservation and the rights of community stakeholders.

The lawyers in McMillan’s Litigation & Dispute Resolution Group successfully represent Canadian and international clients facing virtually any type of business dispute in almost any forum. Frequently retained to assert business clients’ rights and defend their products and brands, McMillan also represents and advises governments, agencies, tribunals, and international panels and organizations. With lawyers trained in common law and civil law systems, and fluent in multiple languages, the group has extensive experience in domestic, cross-border, and international litigation, as well as arbitration and mediation. Our lawyers continue to be recognized for their creativity and effectiveness in bringing disputes to a satisfactory conclusion, both inside and outside the courts.