Canadian Lawyer

September 2009

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LEGAL REPORT: ENERGY & ENVIRONMENT knows that and everybody is prepared to work within that understanding. "One of the core issues that are going to continue for a number of years here on the aboriginal side is the resolution of outstanding land claims, and there are so many of them. Some will be valid, some not. But to get through that process, it's just a time-consuming and expensive process." The question, then, is whether the litigation represents a threat to oilsands companies. Buss doesn't think so, partly because the cases largely target the provincial government over the granting of leases and not the projects themselves. Instead, she expects the process might result in more elaborate con- sultation, which could slow development and cost companies more money. As well, she foresees the province having to pay compensation, particularly in cases where it has already leased Crown lands. In the Chipewyan Prairie case, Janvier says the band has been in discussions with MEG Energy for some time, which, he hints, means the proceedings may not end up going to trial. Still, he denies the case is about extracting concessions and instead says he's seeking balance. "What do I really hope for? That we have an ongoing share of what's going on, that there's a pathway for our people to be around in the future, to try and maintain a culture and way of life that we're used to, and to take part in the world — the outside world that's developing every day." At the same time, like Buss, he doesn't foresee the cases put- ting a halt to the oilsands. "They're not going to stop for us Indians, right? Their thing is: 'How do we get rid of them? How do we get them out of the way?' We've been telling them, 'You're not going to get us out of the way. You have to deal with us properly.'" Business disputes mediated by an experienced CA Helping you get better results for your clients As a chartered accountant with more than three decades of experience consulting on complex business matters, Joel Cohen can help mediate fair and effective resolutions to numerous complex business disputes. t: 416.932.6216 | e: jcohen@rsmrichter.com www.rsmrichter.com Toronto | Montreal | Calgary RSM Richter is an independent member rm of RSM International, an afliation of independent accounting and consulting rms. ntitled-3 1 PROFESSIONAL DIRECTORY ntitled-1 1 8/11/09 9:06:50 AM Supreme Court of Canada Counsel and Agency Services Henry S. Brown, Q.C. Martin W. Mason Brian A. Crane, Q.C. Graham Ragan Guy Régimbald Eduard J. Van Bemmel, Legal Assistant 5/22/09 11:40:22 AM 2600 - 160 Elgin Street, Ottawa, ON K1P 1C3 Tel: (613) 786-0139 Montréal Ottawa || Kanata | gowlings.com www. C ANADIAN Law ye rmag.com SEPTEMBER 2009 53 ntitled-5 1 4/6/09 4:20:13 PM ntitled-5 1 12/11/08 3:24:59 PM Toronto | Hamilton | Waterloo Region | | | Calgary Vancouver Moscow | London

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