Mining and The Aboriginal Interface 2012

Course Date: September 20, 2012

Total: 5h 35min

Welcome and Introduction

Karim N. Ramji — Donovan & Company, Vancouver

Law, Sustainability, and the Role of Lawyers: An Easy Embrace or a Complicated Space?

  • exploring the space: values, principles, processes, practices—between law and sustainability
  • walking the lawyer line between problem maker or solver in land and resource fights and deals
  • scaling the face where big problems meet communities, companies, and governments
  • advancing the interests of your clients and helping to build a sustainable future
  • building of experience from the ground up as a counsel, adjudicator, and mediator

Glenn Sigurdson, QC — Mediator and Counsel, West Vancouver

The Mining Footprint—From Exploration, Development, Construction, and Operation, to Closure

  • the physical footprint of mining
  • infrastructure and access
  • water use impacts
  • environmental concerns
  • health and safety

Dr. Malcolm Scoble — Professor & Robert E. Hallbauer Chair in Mining Engineering, Norman B. Keevil Institute of Mining Engineering, University of BC, Vancouver
Dr. Janis Shandro — Post-doctoral Fellow, Norman B. Keevil Institute of Mining Engineering, University of BC, Vancouver

Human Rights and the Extractive Sector

  • the evolution of CSR
  • the human rights framework
  • the business case
    • risk mitigation
    • social licence to operate
    • hardening of soft laws
  • ruggie—the UN guiding principles on business and human rights
    • a new global standard
    • human rights due diligence
  • leadership examples

Alison Colwell — Manager, Advisory Services, BSR, San Francisco, CA

Networking Break

Indigenous People

  • legally unique stakeholders
  • legal recognition
    • international
    • national laws
  • gaps in national laws
  • FPIC—consent or consult
    • ongoing debate—Miningwatch, ICCM
    • implications
  • alliances with other stakeholders
  • due diligence considerations
  • partner selection
    • ability to bring a project to fruition
    • structure of the transaction
    • key people remaining?
  • project selection
    • the CSR footprint?
    • expectations/promises made
    • status of the relationship
    • level of support/opposition

Karim N. Ramji — Donovan & Company, Vancouver


Challenges of Implementation: Integrating CSR From Corporate Head Offices to the Local Village

  • clear corporate mandate and commitment
  • identification and assessment of the project impacts, Indigenous peoples, and vulnerable groups
  • human rights impact assessments in context
  • local and national issues—spheres of influence
  • relationship building exercise—the process
  • leadership, integrity, transparency, and communication—the people
  • impact benefits agreements
  • practical considerations
  • case studies

Susan Joyce, MSc, Dip AgSci — On Common Ground Consultants Inc., Vancouver

Networking Break

The Business Case For Sustainability

  • business value and the licence to operate
  • embedding sustainability in the business
  • evolution of risk through sustainability
  • implications of sustainability in financing
    • evolving requirements for debt
    • changing circumstances for equity
  • case studies

Ronald O. Nielsen — Senior Director - Global Sustainability at Cliffs Natural Resources, Cleveland, OH

Closing Thoughts

  • shifting landscapes
  • assess and converting surface risks to development opportunities
  • new social contract—now called CSR

Karim N. Ramji — Donovan & Company, Vancouver