Corporate Social Responsibility

as Risk Management:
Why should rational, profit maximizing managers invest
resources and time in managing CSR related risks?

Corporate Social Responsibility Group

February 21, 2014

Kevin OCallaghan
Partner
+1 604 631 4839
kocallaghan@fasken.com

Monica Jimenez
Associate
+1 604 631 3135
mjimenez@fasken.com

GUEST: Brent Bergeron

Senior Vice President,
Corporate Affairs
Goldcorp Inc.

GUEST: Nick Panes

General Manager, Mexico
Control Risks

Lawyers in attendance are eligible to claim 1.5 hours of Continuing Professional Development credit from
The Law Society of British Columbia.

2014 Fasken Martineau DuMoulin LLP. All rights reserved. The information provided here is not intended to be legal advice.
Many factors unknown to us may affect the applicability of any statement or comment that we make in this presentation booklet to
your particular circumstances. Participants should seek out legal advice on issues specific to them before acting. We would be
pleased to provide additional information on request. This booklet may not be reproduced, in whole or in part, without the express
permission of Fasken Martineau DuMoulin LLP.

25/02/2014

Corporate Social Responsibility as Risk Management:

Why should rational, profit maximizing managers invest
resources and time in managing CSR related risk?

February 21, 2014

Monica Jimenez

Kevin OCallaghan

Nick Panes

Brent Bergeron

Agenda
Introduction
The Anatomy of Risk Management
Nick Panes - General Manager, Control Risks
Legal Risk, what it means and how to mitigate it
Kevin OCallaghan - Co-Chair CSR Practice Group,
Fasken Martineau
The practical aspects of the need and rewards for companies
to mitigate risk through CSR
Brent Bergeron - Senior Vice President,
CSR and Corporate Affairs, Goldcorp
Q&A Session

25/02/2014

The Anatomy of Risk Management

Nick Panes | Managing Director, Mexico

Vancouver, 21 February 2014

Enterprise risk management

(ERM) is a framework of
governance, risk and compliance
activities, which enables an
enterprise to achieve its goals by
managing the risks it faces.

1. Why do we need it?

2. International standards
3. Risk management tools
4. Scenario

25/02/2014

Evolving risk landscape

Ernst & Young Business Risks to Mining & Metals 2013 & 2014

Evolving risk landscape

2009

2010

2011

2012

2013

2014

25/02/2014

Evolving risk landscape

2009

2010

2011

2012

2013

2014

Differing risk exposure..

25/02/2014

and evolving ownership

Security and HSE

Legal and
HR

Operatio
ns

Corporate affairs
and CSR

International standards
A variety of standards exist, including:
1. ISO 31000
2. COSO Enterprise Risk Management (ERM)
3. OCEG Governance, Risk Management &
Compliance (GRC) Capability Framework

25/02/2014

Developing an ERM system

11

.and executing
Once a framework is in place,
identifying, measuring, and managing
those risks that the organisation
faces is a key part of the risk
management process.
Key phases are:
Executing the risk management
plan
Identifying, measuring, and
prioritising the strategic, legal,
financial, security, operational and
other risks the business faces
Planning treatment strategies for
the identified risks, detailing these
in a risk register, and implementing
controls
12

25/02/2014

Risk management tools

Risk management tools

25/02/2014

A mining sector approach?

Geological
potential

Financial
considerations

Integrity

Informed
Decision
making
Security
issues

Political
feasibility

Social
feasibility

Scenario: new market entry

RISK MATRIX
Extreme

Major

IMPACT

Moderate

Minor

Insignificant

Rare

Unlikely

Credible

Likely

Almost certain

LIKELIHOOD

25/02/2014

Thank you
Any questions?

Nick Panes
Nick.panes@controlrisks.com

www.controlrisks.com

Formed in 1975, we are one of the

worlds leading business risk
consultancies specialising in political,
security and integrity risk.
We enable our clients to succeed in
complex
and
hostile
business
environments, helping to realise
opportunities through effective risk
management.

ABOUT US

25/02/2014

Why Control Risks: our clients

We have supported many international organisations in managing their risks. Our experience and in-depth
knowledge of the risks that these organisations face help us to develop solutions that deliver real benefits to
our clients businesses. Our client portfolio includes:
78% of the Fortune
500 largest companies
in the world.

90 of the 100 largest

companies in Europe.

91 of the 100 largest

North American
companies.

65 of the 100 largest

companies in Asia
Pacific

9 of the world's 10
largest aerospace and
defence companies.

The 10 largest
automobiles and parts
manufacturers in the
world.

The world's 15 largest

banks ranked by tier
one capital

Nineteen of the world's

20 biggest financial
services companies.

9 of the world's 10
largest chemicals
manufacturers.

10 of the biggest
consumer goods
manufacturers

Nine of the world's 10

largest producers of
electronic goods.

8 of the world's 10
largest engineering
and construction firms.

5 of the world's 8
largest healthcare
companies.

9 of the world's 10
largest insurance
companies.

The 6 largest mining

companies.

The 20 largest oil

exploration and
production companies.

9 of the 10 largest
pharmaceutical
companies.

The 10 largest
technology hardware
and equipment
companies

6 of the 7 largest
media and
entertainment
organisations

9 of the 10 largest
utilities firms

For more information visit us at:

www.controlrisks.com

10

25/02/2014

CSR and Legal Risk Mitigation

February 21, 2014

Kevin OCallaghan

What is CSR?

The economic, legal, social, ethical and

discretionary expectations that society
has regarding the activities of
private sector corporations

11

25/02/2014

Introduction
All companies operating in foreign jurisdictions face
serious challenges from:
foreign governments,
indigenous and local communities, and
NGOs

Financial institutions and investors have reacted to

these risks, demanding mitigation of risk through a
well-developed CSR strategy

12

25/02/2014

Principles of Law
Essential function is to guide behaviour
Soft v. Hard Law
Direct v. Indirect legal risk
Applying international law domestically
CSR as a lex mercatoria
for the 21st Century

13

25/02/2014

Sources of Direct Legal Risk in CSR

International Public Financing
IFC Performance Standards
International Private Financing
Equator Principles
Voluntary Programs & Misrepresentation
Extra-Territorial Legislation
anti-bribery and corruption
Home-State Litigation
application of tort to foreign subsidiaries

International Public Financing

International Finance Corporation
(IFC) Performance Standards on
Social and Environmental
Sustainability
World Bank Environmental,
Health, and Safety Guidelines
Export Development Canada (EDC)

14

25/02/2014

International Private Financing

Equator Principles
Revised in 2013 to keep up with IFC change in 2012
10 Principles: The members agree to only provide funding if
the project conforms to the principles
80% of the project finance market, including big 5 Canadian
banks
The Institutions agree to insist on a covenant in all new
financings over $10 Million (or $50 if a corp loan)

Voluntary Standards
Certifications
ISO 26000 International Organization for
Standardization
SA 8000 - Social Accountability
International (1997)
AA 1000 AccountAbility Standards (2008)
Global Reporting Initiative

15

25/02/2014

Voluntary Standards
Industry Best Practices
Prospectors and Developers
Association of Canada
- e3 Plus
Mining Association of Canada (MAC) Towards Sustainable Mining
International Council on Mining and
Metals (ICMM) - Sustainable
Development Framework

Voluntary Standards
CSR Policies
Home Grown
Adoptive:
UN Global Compact
Guiding Principles on Business and Human
Rights
Voluntary Principles on Security and Human
Rights

16

25/02/2014

Extra-Territorial Legislation
Anti-corruption legislation is an example of domestic extrajurisdictional legislation:
Foreign Corrupt Practices Act (US) (FCPA)
Dodd-Frank Wall Street Reform and Consumer Protection
Act (US) (Dodd-Frank Act)
Bribery Act (U.K.)
Corruption of Foreign Public Officials Act (Canada)
Criminal Code Amendment (Bribery of Foreign Public
Officials) Act 1999 (Australia)

In Country Legislation
Must also consider local laws in relation to CSR, for example
South Africa:
Mine Health and Safety Act
National Waters Act
Atmospheric Pollution Act
Environmental Conservation Act
National Environmental
Management Act
Environmental Assessment

Black Economic Empowerment Act

Social equality

Mining Charter between gov and industry

Mineral and Petroleum Resources Development Act
Title to minerals, environmental, social equality

17

25/02/2014

Summary Legal Structure

What were once voluntary CSR guidelines have become
legal obligations through a variety of mechanisms:
Contractual: as a prerequisite to financing
Choice: by publicly committing to follow guidelines/principles
Peer Pressure: by the threat of expulsion from membership
reputational risks

Corporate Reputation plays a large role in creating a

mandatory feel to CSR, but the contractual provisions
relating to financing could have more direct legal
consequences
CSR strategies and policies can mitigate legal risks, but
must be designed with the legal risks in mind
or they will fail.

Kevin OCallaghan
kocallaghan@fasken.com

604 631 4839

18

25/02/2014

STRATEGY
DISCIPLINE
EXECUTION

Fasken Martineau CSR Breakfast Seminar

February 2014

Fasken Martineau CSR Breakfast Seminar

1. Goldcorp Corporate Overview
2. Goldcorp Internal Risk Process
3. Case Study: Human Rights Impact
Assessment - Guatemala

4. Case Study: Pueblo Viejo Dominican

Republic

5. Conclusion

39

19

25/02/2014

Forward Looking Statements

This presentation contains forward-looking statements and forward-looking information within the meaning of the US Securities Act, as amended, the US Exchange Act, as amended, and the United States Private Securities Litigation
Reform Act of 1995 with the intention of obtaining the benefits of the safe harbour provisions of such laws and applicable Canadian securities Laws concerning the proposed transaction and the business, operations and financial
performance and condition of Goldcorp Inc. (Goldcorp) and Osisko Mining Corporation (collectively, the Combined Company) and estimated production and mine life of the various mineral projects of Goldcorp and Osisko.
Forward-looking statements include, but are not limited to, statements with respect to the future price of gold, silver, copper, lead and zinc, the estimation of mineral reserves and mineral resources, the realization of mineral reserve
estimates, the timing and amount of estimated future production, costs of production, capital expenditures, costs and timing of the development of new deposits, success of exploration activities, permitting time lines, hedging practices,
currency exchange rate fluctuations, requirements for additional capital, government regulation of mining operations, environmental risks, unanticipated reclamation expenses, timing and possible outcome of pending litigation, title
disputes or claims, limitations on insurance coverage, expectations as to the anticipated timing, mechanics, completion and settlement of the Offer (as defined herein), the market for and listing of the common shares of Goldcorp, the
value of the common shares of Goldcorp received as consideration under the Offer, the ability of Goldcorp to complete the transactions contemplated by the Offer, reasons to accept the Offer, the purpose of the Offer. Generally, these
forward-looking statements can be identified by the use of forward-looking terminology such as plans, expects, is expected, budget, scheduled, estimates, forecasts, intends, anticipates, or believes, or the negative of
these terms or other variations of these terms or variations of such words and phrases or state that certain actions, events or results may, could, would, should, might, seeks or will, occur or be achieved or the negative of
these terms or other variations of these terms or comparable language, or by discussion of strategy or intentions.
Forward-looking statements are made based upon certain assumptions and other important factors that could cause Goldcorps actual results, performance or achievements to be materially different from future results, performances or
achievements expressed or implied by such statements. Such statements and information are based on numerous assumptions regarding present and future business strategies and the environment in which Goldcorp will operate in the
future, including that Goldcorp will be successful in acquiring 100% of the issued and outstanding common shares of Osisko, that all required third party regulatory and governmental approvals to the transaction will be obtained and all
other conditions to completion of the transaction will be satisfied or waived, the price of gold and silver, anticipated costs and the ability to achieve goals. Many of these assumptions are based on factors and events that are not within the
control of Goldcorp and there is no assurance they will prove to be correct. Certain important factors that could cause actual results, performances or achievements to differ materially from those in the forward-looking statements
include, among others, gold price volatility, discrepancies between actual and estimated production, mineral reserves and resources and metallurgical recoveries, mining operational and development risks, litigation risks, regulatory
restrictions (including environmental regulatory restrictions and liability), activities by governmental authorities (including changes in taxation), currency fluctuations, the speculative nature of gold exploration, the global economic climate,
dilution, share price volatility, competition, loss of key employees, additional funding requirements and defective title to mineral claims or property. Although Goldcorp believes its expectations are based upon reasonable assumptions and
has attempted to identify important factors that could cause actual actions, events or results to differ materially from those described in forward-looking statements, there may be other factors that cause actions, events or results not to
be as anticipated, estimated or intended.
Forward-looking statements are subject to known and unknown risks, uncertainties and other factors that may cause the actual results, level of activity, performance or achievements of Goldcorp or Osisko to be materially different from
those expressed or implied by such forward-looking statements, including but not limited to: future prices of gold, silver, copper, lead and zinc; risks related to the integration of acquisitions; risks related to international operations,
including economic and political instability in foreign jurisdictions in which Goldcorp and Osisko operate; risks related to current global financial conditions; risks related to joint venture operations; actual results of current exploration
activities; environmental risks; possible variations in ore reserves, grade or recovery rates; mine development and operating risks; accidents, labour disputes and other risks of the mining industry; delays in obtaining governmental
approvals or financing or in the completion of development or construction activities; risks related to indebtedness and the service of such indebtedness, the common shares of Goldcorp to be issued in connection with the Offer having a
market value lower than expected, the businesses of Goldcorp and Osisko not being integrated successfully or such integration may be more difficult, time-consuming and more costly than expected and the expected combined benefit
from the Offer not being fully realized or realized within the expected time frame, as well as those factors discussed in Reasons to Accept the Offer in Section 4 of the take-over bid circular to be dated on or about January 14, 2014 (the
Circular), Purpose of the Offer in Section 5 of the Circular, Plans for Osisko in Section 6 of the Circular and Acquisition Risks in Section 7 of the Circular as well as those risk factors discussed or referred to in the section entitled Risk
Factors in each of Goldcorps annual information form for the year ended December 31, 2012 and Osiskos annual information form for the year ended December 31, 2012 and other reports filed with the applicable securities regulatory
authorities in Canada and available under Goldcorps or Osiskos profile at www.sedar.com, respectively.
The foregoing factors are not intended to represent a complete list of the factors that could affect Goldcorp and the acquisition of Osisko by Goldcorp. Additional factors are noted elsewhere in the Offer and Circular and in the documents
incorporated by reference therein.
Although Goldcorp has attempted to identify important factors that could cause actual results to differ materially from those contained in forward-looking statements, there may be other factors that cause results not to be as anticipated,
estimated or intended. There can be no assurance that such statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place
undue reliance on forward-looking statements.
Forward-looking statements contained in this presentation are as of the date hereof or as otherwise indicated and, accordingly, are subject to change after such date. Except as otherwise indicated by Goldcorp, these statements do not
reflect the potential impact of any non-recurring or other special items or of any dispositions, monetizations, mergers, acquisitions, other business combinations or other transactions that may be announced or that may occur after [the
date hereof]. Forward-looking statements are provided for the purpose of providing information about managements current expectations and plans and allowing investors and others to get a better understanding of Goldcorps
operating environment. Goldcorp does not intend or undertake to publically update any forward-looking statements, whether as a result of new information, future events or otherwise, except in accordance with applicable securities
laws. Any forward-looking statements of facts related to Osisko discussed or disclosed herein are derived from Osiskos publicly filed documents or records.
This presentation does not constitute an offer to buy or an invitation to sell, or the solicitation of an offer to buy or invitation to sell, any securities of Goldcorp or Osisko. Such an offer may only be made pursuant to an offer and take-over
bid circular Goldcorp intends to file with the Canadian securities regulators and pursuant to registration or qualification under the securities laws of any other such jurisdiction.
In accordance with applicable Canadian securities regulatory requirements, all mineral reserve and mineral resource estimates disclosed herein have been prepared in accordance with Canadian National Instrument 43-101 - Standards of
Disclosure for Mineral Projects (NI 43-101), classified in accordance with Canadian Institute of Mining Metallurgy and Petroleums CIM Standards on Mineral Resources and Reserves Definitions and Guidelines (the CIM Guidelines).
The terms mineral resources, measured mineral resources, indicated mineral resources and inferred mineral resources are recognized by Canadian securities regulatory authorities, however, they are not defined under U.S. SEC
Industry Guide 7 and are not recognized by the Securities and Exchange Commission and may not be recognized by the securities regulatory authorities of other jurisdictions. Pursuant to the CIM Guidelines, mineral resources have a higher
degree of uncertainty than mineral reserves as to their existence as well as their economic and legal feasibility. Inferred mineral resources, when compared with measured or indicated mineral resources, have the least certainty as to their
existence, and it cannot be assumed that all or any part of an inferred mineral resource will be upgraded to an indicated or measured mineral resource as a result of continued exploration. Pursuant to NI 43-101, inferred mineral resources
may not form the basis of any economic analysis, including any feasibility study. Accordingly, readers are cautioned not to assume that all or any part of a mineral resource exists, will ever be converted into a mineral reserve, or is or will
ever be economically or legally mineable or recovered.

All amounts are in U.S. dollars, unless otherwise stated.

40

CONSISTENT STRATEGIC FOCUS

Gold
Focused

Quality
Growth

TOGETHER
CREATING
SUSTAINABLE
VALUE

Low
Political
Risk

Responsible
Mining
Practices

Safe,
Profitable
Production

Peer-Leading
Balance
Sheet
41

20

25/02/2014

CASH FLOW ALLOCATION PRIORITIES

CRE AT ING

SH A R EH O L D ER V AL U E

Fund existing
growth profile

Invest in high
return organic
growth

Flexibility
for selective
M&A

Regular
dividend
growth

42

KEY PRIORITIES

Enhanced focus on core value only SAFE production

Mine planning and budgets focus on high margin ounces
Operating for Excellence achieving operating cost reductions
Capital Management disciplined review and investment

FINANCIAL DISCIPLINE
43

21

25/02/2014

2014 GUIDANCE
2013
Actual

2014
Guidance(1)

2.67

3.0 3.15

CA S H COS TS $ /o z
A L L - I N S U S TA I N I N G
BY-PRODUCT
CO-PRODUCT

~$1,065
~$560
~$710

$950 - $1,000
$550 - $600
$650 - $700

C A P I TA L E X P E N D I T U R E S

TBA

$2.3B - $2.5B

E X P L O R AT I O N E X P E N D I T U R E S

TBA

$190M

C O R P O R AT E A D M I N I S T R AT I O N

TBA

$185M

D E P R E C I AT I O N / o z

TBA

$385

TA X R AT E

TBA

41%

GOLD PRODUCTION (moz)

(1)

2014 price assumptions: Au=$1,200/oz, Ag=$20.00/oz, Cu=$3.00/lb, Zn=$0.90/lb, Pb=$1.00/lb

44

5 YEAR PRODUCTION GUIDANCE

Gold production (Moz)

45

22

25/02/2014

FOCUS IN LOW-RISK JURISDICTIONS

2014E Gold Production Guidance(1)
Dominican
Republic

CA N A DA

Canada

11%

Argentina

US A

13%

8%
D O M IN I C A N
R E P UB L I C

M E XI C O

Guatemala
USA

5%
4%

GUA TEM A LA

34%

9%
6%

PRO FORMA

~3.6M oz

44%

5%
32%

Operating Mines
Development Projects

Mexico

27%

CHILE

Outer ring represents pro forma production

Inner ring represents Goldcorp standalone

ARGENTINA

Osisko based on consensus estimates of 550 koz; Pro forma assumes full year production for 2014;
Goldcorp based on 2014 guidance as per January 8, 2014 press release
(1)

46

EXCEPTIONAL DEVELOPMENT PIPELINE

Growth in High Quality Ounces

SCOPING
FEASIBILITY
CAMINO ROJO

CONSTRUCTION
PRODUCTION
CERRO NEGRO (2014)

EL MORRO

PEASQUITO:

AGUA RICA

- SKARN

PUEBLO VIEJO (2012)

HOLLINGER (2014)

- CEP

PEASQUITO (2010)

LONORE (2014)

- PYRITE FLOAT

LOS FILOS (2008)

COCHENOUR (2014)

MARLIN (2006)
RED LAKE & OTHER
OPERATING MINES*

* PORCUPINE, MUSSELWHITE, EL SAUZAL, ALUMBRERA, MARIGOLD, WHARF

47

23

25/02/2014

Goldcorp Internal Risk Process

1.
2.
3.
4.

Corporate Affairs Quarterly Risk Process

5.
6.

Full integration within ERM and internal audit processes

External Third Party Assessment

Independent, Site and Regional focus
Oversight and analysis prepared for Senior Management
and Board of Directors
Process also reviewed by corporate auditors

48

Goldcorp Internal Risk Process

Third party contractor focuses on the following risk items that are not considered within the fences of our operations.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Security Risk
Political Risk
Economic and Financial Risk
Taxation Risk
Legal and Judicial Risk
Corruption Risk
Extractive Industry Risk
Environmental Risk
Social Risk

49

24

25/02/2014

Goldcorp Internal Risk Process

1. Board Summary produced
2. Full Risk Document
3. Risk level assessed from previous
quarter

4. Quarterly call organized with different

disciplines and region and site officials

5. Risk debated and discussed

6. Current management of issue
discussed

7. Responsibility assigned
8. Mitigation plan discussed

50

Goldcorp Internal Risk Process

1. Risk Matrix created,
2. Visual indication of

increase or decrease of risk

level,

3. Assessment of risk done to

examine possible
consequences on
production,

4. Assessment also based on

the likelihood of the risk
occurring and affecting
production.

51

25

25/02/2014

CONTROL EFFECTIVENESS
Review of mitigation actions suggested from previous quarter
Risk
Security
Political/
Regulatory

Action
N/A

Establish relationships with individuals in Bachelets inner circle, such as Alberto Arenas (M. Alvarez & B. Bergeron)
Monitor high altitude workers legislation ruling through our participation on SONAMI
Meet with Provoste, deputy candidate in the region (Petri Salopera)
Monitor any proposals for mining tax reform and develop a strategy if needed (Mauricio Alvarez)

Rating
N/A
A

Economic

N/A

Taxation

Continue with our engagement efforts through SONAMI to be part of any dialogue that may occur in regards to mining
tax reform and mining royalty structure (Mauricio Alvarez)

Legal/Judicial

Anticipate injunctions at the international level (IACHR) on any future judicial rulings (Carlos Ochoa)
Record any and every action that we have been doing including reach out activities to communities (Mauricio Alvarez &
Carlos Ochoa)

Corruption

Continue ensuring that our Code of Conduct is communicated and implemented by all employees and contractors
(Mauricio Alvarez and Cesar Ortiz)

Extractive
Industry

Develop a comprehensive communications, CSR and government relations strategy (stakeholder mapping) to mitigate
any risk of operating in Chile (Mauricio Alvarez & Gustavo Cabrera)

Develop a factsheet summarizing our water strategy to be used in public forums

Consider investing in small scale farmers irrigation systems when evaluating community contributions in the future
(Mauricio Alvarez)

Reorganization of office locations in Vallenar and Alto del Carmen to stay on top of CSR issues
Continue with regular dialogue with SEA authorities (Mauricio Alvarez and Carlos Ochoa)

Environmental
Social

N/A

RATING SCALE: A. HIGHLY EFFECTIVE | B. EFFECTIVE | C. PARTIALLY EFFECTIVE | D. RARELY EFFECTIVE | E. NO CONTROLS IN PLACE OR CONTROLS ARE MOSTLY INEFFECTIVE

52

Goldcorp Internal Risk Process

Integration within Enterprise Risk Management Process

53

26

25/02/2014

Goldcorp Internal Risk Process

1.
2.
3.
4.
5.
6.

Process allows overall risk identification and management,

Better understanding by senior management and board,
Site and Regional management understanding of Risk,
Quarterly mitigation and management plans,
Internal and external stakeholder management,
Contribution to government relations and communication
process.

55

Case Study: Human Rights Impact Assessment - Guatemala

Shareholders

VISION OF
SUSTAINABLE
PROSPERITY

Employees and their

Families
Suppliers of Goods and
Services
Host Communities
International Community

56

27

25/02/2014

Global Participation
United Nations Global Compact
International Council on Mining and Metals
International Cyanide Management Code
Global Reporting Initiative
Voluntary Principles on Security and Human Rights
Extractive Industries Transparency Initiative

57

Situation in 2009
Even with a vision of Sustainable Prosperity and all of our capacity
building activities, in 2009:
Strong community protest against the Marlin Mine,
Strong Non-Government Organization (NGO) protest against the Marlin
Mine,
High level of concern by Canadian Government officials from information
that they were receiving,
Complaint filed at the Canadian OECD contact point in Ottawa,
High levels of questions and concerns from Socially Responsible Investor
(SRI) groups and also major investors,
Precautionary measures to shut down the Marlin Mine were
recommended to the Government of Guatemala by the IAHRC.

58

28

25/02/2014

Human Rights Assessment (HRA)

Human rights assessment on Marlin Mine, San Miguel Ixtahuacn,
Guatemala
Assessment commissioned by Human Rights Impact Assessment
Steering Committee on behalf of Goldcorp
Steering Committee comprised of representatives of (1) socially
responsible investors, (2) Guatemala, (3) company
Memorandum of Understanding
Improve human rights performance of the Marlin Mine
Inform Goldcorp globally through the experiences and lessons
learned from Guatemala

59
59

HRA: Marlin Mine

Influence through
engagement

MOU Principles
Transparency
Independence
Inclusivity

Opportunity

Company

Contractor

Oversight Steering
Committee

Socially
Responsible
Investors

Experience

Communities

Mandate

Guatemalan context

Informed consent
confidentiality

Representation

Capacity

Engagement

Methodology
Engagement
Assessment

60

29

25/02/2014

Marlin HRA
700+ sources; 189 individual interviews, 9 group interviews with 84
participants, and 10 focus groups with 95 participants
Two reports commissioned independent technical review of
environmental management, and a health risk assessment
UN Special Representative Ruggies Protect, Respect and Remedy
framework
State obligation to PROTECT human rights
Company responsibility to RESPECT human rights (due diligence)
Joint responsibility for States and companies to provide ACCESS TO
REMEDIES for human rights violations or infringements

7 key issues: Consultation, Environment, Labour, Land Acquisition,

Economic and Social Investment, Security, Access to Remedies

61

Marlin HRA

Defined Terms
VIOLATION: Action or inaction by the State resulting in human rights of
individuals or groups not being protected or fulfilled;
INFRINGEMENT: Action by the company resulting in a worsening of the
human rights situation for a person or group of people;
FAILURE TO RESPECT: Inaction by the company resulting in potential
for or worsening of the human rights situation for a person or group of
people;
RESPECT: Actions/due diligence by the company resulting in managing
the risks of harm to human rights; and
ENHANCEMENT/IMPROVEMENT: Actions by the company resulting in
the improvement of the human rights situation for person or group of
people.
62

30

25/02/2014

Marlin HRA
Assessment published on May 17, 2010
Steering Committee presentations to
communities, employees, government, and
NGO representatives in Guatemala
67 recommendations: Immediate, Legacy, Due
Diligence
Goldcorp initial response on June 30, 2010,
Update October 18, 2010
Available on the internet at:
http://www.hria-guatemala.com/
http://www.goldcorp.com/operations/marlin/hria/
http://www.goldcorpguatemala.com/index.php?showP
age=56&cache=1
63

Marlin HRA
Recommendations
Consultation (8)
Environment (8)
Labor (16)
Land Acquisition (11)
Economic and Social Investment (11)
Security (9)
Access to Remedies (4)

Status
62 implemented
4 ongoing

64

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25/02/2014

Corporate Social Responsibility Policy

Engage all stakeholders

Consult with local communities
Establish grievance mechanisms based on international best practices
Partner with credible organizations
Develop socio-economic opportunities that lead to sustainable
prosperity
Integrate CSR into our business processes
Make contributions meaningful and sustainable
Full integration within operational process and risk analysis

http://www.goldcorp.com/corporate_responsibility/

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Human Rights Policy

Respect human rights as set forth in the Universal Declaration of Human Rights
Respect the rights and dignity of employees, contractors, and local

communities and is committed to providing equal opportunity and freedom from

discrimination for all
Respect the rights and traditions of indigenous peoples
Support the elimination of all forms of forced, compulsory and child labour
Strict compliance with the Voluntary Principles on Human Rights and Security
Minimize involuntary resettlement
Provide training on human rights and the Goldcorp Human Rights Policy
Continual improvement of its human rights standards and practices
Ensure that contractors and partners respect this policy
Also allowed the company to integrate HR policy in operational process

http://www.goldcorp.com/corporate_responsibility/

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Marlin HRA

Successes
Engagement
National and Local Communities
SRI Community
Human Rights Community

Mesa de dialogo initiated December 2010

EITI process initiated January 2011
Consultation process initiated February 2011

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CSR and Extractive Industries

Success and Opportunities for the Future

Moving Beyond Conflict/Blame
Emphasis on Sensitivity to Risk items outside the fence
Engagement/Partnerships
Government governance capacity
NGOs specialized technical skills
Donor Community bridges to long-term sustainability
Social Responsible Investors power to change behavior
Academic Institutions Better ideas and power to change behavior

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Case Study: Pueblo Viejo Dominican Republic

Barrick (60%) / Goldcorp (40%) joint venture

Take over of previously owned government owned Pueblo Viejo mine
Inherited significant environmental issues
Committed to a capital investment of approximately $US 2.9 billion
Signed SLA with Government of Guatemala and had it approved by Congress.
69

Case Study: Pueblo Viejo Dominican Republic

The initial conditions of the agreement allow Pueblo Viejo to repay the
initial $2.9 billion CAPEX.

The contract conditions allow PV to benefit from a guaranteed 10% IRR

on the initial CAPEX amount.

The initial conditions allow for the external lending sources to be repaid in the first years of the project.

The contract conditions allow for a high % tax depreciation rate to be

applied to the project.

All of these conditions would allow PV to recover its Capital investment

with a guaranteed rate of return.

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Case Study: Pueblo Viejo Dominican Republic

Dominican Republic Government Payments- $1700 Au, $30 Ag, $3.50 Cu
450.00
400.00
350.00
NPI

300.00
250.00

Inc Tx

200.00
150.00
100.00

Royalty

50.00
NPI
Inc Tx
Royalty

2012

2013

2014

2015

2016

2017

2018

2019

2.58

33.36

52.30

67.21

2020

2021

2022

2023

2024

2025

2026

2027

82.35 202.09 191.51 142.69 173.60 133.76 155.13 136.94

111.39 198.93 260.53 269.10 169.53 174.85 182.30 159.62 170.83 149.71 168.11 160.05
66.67

68.76

65.60

49.14

48.53

48.35

44.21

45.00

40.89

42.96

41.53

41.69

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Case Study: Pueblo Viejo Dominican Republic

SO WHAT HAPPENED

Election process brought a new administration (same political party),

Economic conditions in country were very negative for high % of population,
Serious social and infrastructure issues,
Commercial production of mine coincided with election process,
Mine contributed significantly during years of construction,
Threat of Nationalization became realistic
Economics of project were in favor of joint-venture.
By targeting mining industry, President gained significant political and public
support.

Renegotiated a deal whereby government would receive $US 2.2 billion of

tax revenue in first 4 years of operations (at $1,600 per ounce).

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Conclusion
HOW DO WE MITIGATE?

Through CSR Risk Analysis, companies need to be fully aware of all risk
aspects including political cycles,

Sensitive internally that CSR risks are NOT soft parts of our business,
From a financial perspective, companies need to be aware of government
financial challenges and revenue cycles,

Being such a strong contributor to direct foreign investment, mining

companies need to be aware of the inherent risks associated with these.

Examine how the issue of pre-paid or advances on financial/taxation

obligations can reduce and mitigate risk.

Examine how CSR activities can be integrated faster within exploration and
construction phases.

IN THE END, THERE ARE NO GUARANTEES.

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BIOGRAPHIES

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Brent Bergeron
Senior Vice President, Corporate Affairs
Goldcorp Inc.
Mr. Bergeron was appointed Senior Vice President of
Corporate Affairs in September 2012. Mr. Bergeron joined
Goldcorp in November 2010, assuming the role of Vice
President, Corporate Affairs. Prior to joining the company,
he served as a senior executive at several international
companies and has extensive experience in the areas of
government and public relations, corporate affairs,
operations and communications. Mr. Bergeron is
responsible for Goldcorp's external relationships with
governments
and
other
relevant
stakeholders,
communications and for growing the company's Corporate Social Responsibility
function. Mr. Bergeron holds a Bachelor of Arts (Hon.) in Economics and a Masters of
Arts (Economics) degree from Carleton University in Ottawa. He also serves as a
member of the Executive Steering Committee for the Responsible Gold Standard
Initiative at the World Gold Council and is a member of the Board of Directors of the
Canadian Chamber of Commerce.

Nick Panes
General Manager, Mexico
Control Risks
Nick Panes currently serves as the General Manager for
Control Risks Mexico operations and also leads the Global
Client Services department for Mexico, Central America and
the Caribbean. In addition to overall management
responsibilities for Control Risks Mexico City office, Nick
supports our clients in the development and implementation of
risk management solutions as they relate to their operations in
the region, with a particular emphasis on the design of
regulatory and anti-corruption compliance systems. Recent
projects Nick has been involved in:
Design and implementation of pre-transaction due diligence and anti-corruption risk
assessment tools as part of an assessment of a companys compliance system. The focus
was to ensure efficient internal systems while also complying with applicable domestic and
international anti-corruption legislation.
Provision of strategic business intelligence and stakeholder mapping for an infrastructure
project in Mexico. In addition to a comprehensive threat and security analysis of the potential
operating environment, we also provided the client with a detailed map of the key project
stakeholders (including political, social and criminal actors in addition to community
stakeholders), and their potential impact on the project.
Fraud and corruption risk assessment for an international healthcare firm, including an FCPA
compliance audit of their India operations.
An anti-money laundering audit of a clients banking and exchange house operations to
ensure compliance with the relevant national financial authorities statutory requirements.
Since joining Control Risks in January 2001, Nick has focussed on corporate investigations and
political and security risk analysis. Nick joined Control Risks Americas from the companys India
office, where he led the India and South Asia corporate investigations practice. Prior to that he
worked as a Senior Consultant in the Sydney office on a variety of investigations including
probity and due diligence reviews, business intelligence reports and asset misappropriation
investigations. As Senior Americas Analyst, based in London, Nick was responsible for
analysing political and security developments in Latin America for Control Risks online
information service, Country Risk Forecast, as well as for providing customised risk
assessments for Control Risks clients with specific interests in the region.
Nick has a Masters degree in Latin American Politics from the Institute of Latin American
Studies, London. His thesis investigated post-1990 Nicaraguan politics and corruption. He
earlier graduated from the University of Edinburgh with an honours degree in Geography and
Politics. Nick is a Certified Anti-Money Laundering Specialist (CAMS) and also completed the
Investigators Course run by the Centre for Investigative Studies & Crime Reduction at Charles
Sturt University. Nick speaks fluent Spanish and proficient French and Portuguese.

BIOGRAPHY

Monica Jimenez Gonzalez

Associate
Vancouver
Direct Line: +1 604 631 3135
Facsimile: +1 604 631 3232
mjimenez@fasken.com
www.fasken.com/monica-jimenez-gonzalez

Monica Jimenez Gonzalez is a lawyer called in Colombia and a Practitioner of Foreign Law in British
Columbia, Canada. She specializes in complex international arbitration and international investment
law. She also provides strategic advice on the evolving international standards in the area of
Corporate Social Responsibility (CSR) related to investment, the duty to consult and international
human rights.

Areas of Practice
Foreign Investment
International Arbitration
Alternative Dispute Resolution
Corporate Social Responsibility
Law
Aboriginal Law

Monica has been involved in a number of arbitrations, either as counsel or as tribunal secretary, in a
wide range of matters, including investments, trade, oil and gas, mining, infrastructure projects,
construction and general international commercial disputes. She has worked on a number of cases
under the auspices of the major arbitral institutions, including the ICC, AAA and ICSID, as well as
NAFTA, UNCITRAL and ad hoc arbitrations.
She has practised international law in Colombia and Canada and routinely advises clients on
matters relating to investments and business transactions in Latin America.
As an experienced lawyer who holds a law degree from a civil law jurisdiction, Monica plays an
important role in the firm's International Arbitration Group, CSR Group, and Latin American practice.
She is fluent in English and Spanish and brings an understanding of civil law systems and Latin
American markets to international projects.

Education
M.Sc., Development Studies
London School of Economics
and Political Science, 2003
Master of Laws,
Universidad Externado de
Colombia, 2002

Representative Experience
Counsel for various investors in an international claim under CAFTA against a Central American
country
Acted as Tribunal Secretary in an ICC arbitration related to an infrastructure project involving
Latin American parties

JD,
Universidad de los Andes, 2000

Acted as Tribunal Secretary in an ICC arbitration related to contract interpretation involving US

and Latin American parties

Year of Call

Counsel for Mexico in international arbitrations involving investor-State claims brought against
Mexico pursuant to the North American Free Trade Agreement (NAFTA) and bilateral investment
treaties

Practitioner of Foreign Law, BC,

2008
Colombia, 2000

Counsel for the Government of Colombia in cases heard before the Inter-American Commission
on Human Rights and the Inter-American Court of Human Rights
Advisor to the Government of Colombia on legal matters relating to international public law and
international human rights law

Languages

Advised international corporations on legal investment matters arising from their investments and
development of large scale infrastructure projects in Colombia, specifically transportation,
wastewater treatment, and public utility sectors

Spanish
English

Presentations
Corporate Social Responsibility Requirements in the Extractive Sector: How they Impact You,
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Monica Jimenez Gonzalez

Speaker, Women in Mining (WIM) Vancouver, November 14, 2013

Corporate Social Responsibility as Risk Management: Why should rational, profit maximizing
managers invest resources and time in managing CSR related risks?, Corporate Social
Responsibility Seminar, February 21, 2014
Reduce Legal and Reputational Risk by Understanding the Emerging Treatment of Business and
Human Rights in National and International Courts, Second Latin American Social Responsibility
Forum for the Extractive Sectors, July 29 - August 1, 2013
Reopening Price Provisions Under Long-Term Gas Supply Agreements, Special Institute on
International Mining and Oil & Gas Law, Development and Investment, Rocky Mountain Mineral
Law Foundation, April 22-24, 2013

Publications
"B.C. First Nations challenge to the ratification of an investment agreement with China
dismissed", Aboriginal Bulletin, October 24, 2013
"Getting the Deal Through Mining 2013 - Canada", Law Business Research Limited, July 2013
"Los estndares ticos aplicables a los abogados de parte en el arbitraje internacional,
(Applicable Ethical Standards for Counsel in International Arbitration)", Book in honor of Messrs.
Yves Derains and Bernardo Cremades; Henri Alvarez and Mnica Jimnez, Peruvian Arbitration
Institute, 2013, 2013
"Sarayaku v. Ecuador: Lessons in Free, Prior and Informed Consultation", Corporate Social
Responsibility Law Bulletin, October 24, 2012
"Arbitration to the Rescue: Managing Dispute Risks in Cross-Border Commercial Transactions",
2011 edition of the Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers
in Canada, October 2011
"Arbitrabilidad, inversion e ilegalidad (Arbitrability, investment and ilegallity)", Revista
Ecuatoriana de Arbitraje, 2010
"Annual Report of the Ministry of Defence in Human Rights and Humanitarian Law for the year
2000", 2001
"Armed Forces and Human Rights in Colombia", 2000
"Study of Violence and Peace processes in Guatemala, El Salvador, Spain, Ireland and
Colombia", Universidad de los Andes Law Faculty and the International Committee of the Red
Cross, 1999

Memberships and Affiliations

Member, Rocky Mountain Mineral Law Foundation (RMMLF)
Practitioner of Foreign Law, Law Society of British Columbia, Canada, 2008
Lawyer, Consejo Superior de la Judicatura, Colombia, 2000
Vice President, Young Canadian Arbitration Practitioners (YCAP)
Member, International Bar Association (IBA)
Member, London Court of International Arbitration (LCIA)
Member, Canadian Bar Association (CBA)

Rankings and Awards

Chevening Scholar, 2002
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Kevin O'Callaghan
Partner
Vancouver
Direct Line: +1 604 631 4839
Facsimile: +1 604 632 4839
kocallaghan@fasken.com
www.fasken.com/kevin-ocallaghan

Areas of Practice
Aboriginal Law
Africa
Anti-Bribery and Corruption
Corporate Social Responsibility
Law
Energy
Environmental
Forestry
Government Relations & Ethics
Litigation & Dispute Resolution
Mining

Kevin O'Callaghan is co-chair of our Corporate Social Responsibility Law Practice Group. Kevin
provides strategic advice on aboriginal, regulatory, environmental and other corporate social
responsibility (CSR) issues. While his extensive experience is focused throughout western and
northern Canada, he also advises a number of clients around the world. If unavoidable conflicts
arise during project development, Kevin appears before courts, tribunals and arbitration panels to
assist resource companies (e.g. forestry, mining, and oil and gas) on challenges to licenses by local
communities, non-governmental organizations and indigenous communities, as well as related
injunction proceedings. Kevin was counsel for a coalition of businesses at the Supreme Court of
Canada in the leading case on aboriginal consultation and accommodation (Haida Nation v. B.C.).
He has also appeared as counsel for an industry at the Supreme Court of Canada on a case
regarding aboriginal rights and human rights found in the Charter (R. v. Kapp).
Kevin's litigation practice also involves complex commercial litigation with a particular emphasis on
environmental issues. Kevin has advised clients on a myriad of environmental matters including
environmental assessment, cost recovery actions, off-site migration, ground water contamination,
and regulatory offences. Additionally, Kevin provides ongoing advice to resource companies on
obligations to First Nations and agreements with First Nations.
Kevin is a member of the Corporate Social Responsibility Committee of the Prospectors and
Developers Association of Canada (PDAC) and a member of the Corporate Social Responsibility
Committee of the International Bar Association. In 2012 Kevin received Lexpert's "Rising Star"
award, which recognizes Canada's leading lawyers under the age of forty.
Kevin provides legal services through Kevin O'Callaghan Law Corporation.

Power

Representative Experience

Renewable Energy

Advice on Advancing Transparency

Advice and strategic approaches to developing a transparency of payments to governments
regime in Canada.

Prairie Creek Mine 2013 Permitting

Counsel to Canadian Zinc throughout the regulatory process, including the public hearings.

Ekati Diamond Mine - 2013 Water Licence Renewal

Counsel to BHP Billiton in its successful application to the Board for water license renewal.

Applications permitting new mines in Keno Hills Silver Mining District in the Yukon
Counsel to Alexco in providing strategic advice regarding their application for the a water license
and representing the company in the public hearing in front of the water board.

Ongoing Environmental and Aboriginal Advice

Counsel to BHP Billiton Canada Inc in providing strategic advice on approach to environmental
and Aboriginal issues.

Education
LLB,
University of Western Ontario,
1999
BA,
Queen's University, 1994

Year of Call
Yukon, 2010
Northwest Territories, 2006
British Columbia, 2000

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Kevin O'Callaghan

Presentations
Languages

Corporate Social Responsibility as Risk Management: Why should rational, profit maximizing
managers invest resources and time in managing CSR related risks?, Corporate Social
Responsibility Seminar, February 21, 2014

Fasken Martineau Symposium 2013 - Vancouver, Fasken Martineau Symposium 2013 Vancouver, October 30, 2013

The Canada-Southern Africa Chamber of Business Acclaimed Risk Mitigation & CSR Seminar
Series, Corporate Social Responsibility Group Seminar, September 17, October 1 and October
17, 2013

Aboriginal Law Update 2013, Aboriginal Law Group, May 31, 2013

Emerging Issues in Corporate Social Responsibility, Corporate Social Responsibility (CSR) law
group, May 9, 2013

English

Publications

"Resource Revenue Transparency Report Released", Corporate Social Responsibility Law

Bulletin, January 21, 2014

"Company Convinces BC Court to Send Morrison Project Back to the Ministers", Environmental
Bulletin, December 12, 2013

"International progress on resource extraction transparency", Co-author, Volume 1 No. 1 of the

Corporate Social Responsibility News newsletter, December 2013

"Canadas Office of the Extractive Sector Corporate Social Responsibility Counsellor", Coauthored, Volume 1 No. 1 of the Corporate Social Responsibility News newsletter, December
2013

"BC Court of Appeal Agrees that Consultation on Mine Expansion was Adequate", Aboriginal
Law Bulletin, October 1, 2013

Memberships and Affiliations

Corporate Social Responsibility Committee (CSR), PDAC

Former Chair, Aboriginal Law Section, Canadian Bar Association (BC Branch)

Civil Litigation and Environmental Law Sections, Canadian Bar Association (BC Branch

Litigation and Environmental Sections, American Bar Association

Prospectors and Developers Association of Canada

Rankings and Awards

Benchmark Canada 2013-2014 as a Litigation Star for Aboriginal law in Canada and a Future
Star in British Columbia

Lexpert US Guide - Litigation ranked for Litigation Lawyers to Watch, 2013

Lexpert Ranked Energy Lawyers, Report on Business, October 2013

Canadian Legal Lexpert Directory 2013 for Aboriginal Law

Recognized as a Lexpert Rising Star: Leading Lawyer Under 40 in Canada, 2012

Community Involvement

Board Member, Pacific Parklands Foundation (2008 Present)

Board Member, BC Bobsleigh and Skeleton Association (2010 Present)

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FACT SHEET

FACT SHEET
Corporate Social Responsibility Group

Corporate Social Responsibility

FACTS
Our practice areas and expertise
in industries such as Mining,
Energy, Life Sciences, Banking
& Finance are recognized by:
Chambers UK and Chambers
Global Guide to the Worlds
Leading Lawyers
International Financial Law
Reviews Guide to the Worlds
Leading Financial Law Firms

Corporate Social Responsibility (CSR) can be described as the economic, legal, social, ethical and
discretionary expectations that society has regarding the activities of private sector corporations. As this
legal landscape evolves, corporations face increased exposure to risk and extended liabilities both
related to CSR. Our CSR Group understands these complexities and can help you plan for and respond
to a myriad of CSR demands.
Our lawyers have distinct experience and skill sets tailored to the CSR needs of corporations. We offer a
broad base of expertise ranging from government relations and environmental assessment to
indigenous and Aboriginal relations, and social and community engagement. We pair all this expertise
with our strength in international finance, international human rights, labour relations, anti-corruption and
bribery, and international arbitration and litigation, and our experience working with major industries
such as mining, energy, and oil & gas.

Our Clients
We work with companies operating domestically and internationally, including multinationals. We are
sensitive to the pressures facing clients in the extractive, chemical, agriculture, energy and forestry
industries.

The Legal 500

Canadian Legal Lexpert
Directory

Our clients benefit from our:

Best Lawyers in Canada.

Geographic diversity, of our own operations and of our clients, which has taught us the necessity
of a nuanced and regional approach to CSR issues, while understanding the global context.

Knowledge of cutting edge CSR developments, nationally and internationally, allowing us to

advise our clients on how each facet of CSR needs to be integrated into an overall strategy.

Integrated team approach, helping clients develop and manage proactive CSR strategies and
solutions that respond to the expectations of shareholders and the diverse range of stakeholders
including employees, suppliers, customers, the local and indigenous communities, local, state, and
federal governments, environmental groups, international institutions and other non-governmental
civil society organizations.

Our Expertise

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Development and implementation of high level CSR strategy that meets practical business needs, as
well as the increasing legal requirements reflected in international CSR standards and policies.

Advice on relations, commercial arrangements, and agreements with local, indigenous, aboriginal or
First Nation communities.

Reputation protection and management in accordance with new and fundamental developments in
the applicable law and CSR principles and policy initiatives.

Strategic response to international and domestic CSR issues that may become controversial.

Representation before international tribunals that address CSR or International human rights issues.

Advice to sponsors and governments on large scale resource development projects in emerging
markets including matters related to community linkages programs, resettlement, empowerment,
indigenous issues and community development.

Development and execution of global government and institutional relations strategies to manage
relationships with domestic and international governments, and international organizations.

Assistance, in the context of project approvals, with the development of engagement strategies to
obtain project support; consultations and negotiations with stakeholders; and the application of CSR
policies to development projects.

Advice on bribery and corruption issues occurring in developing countries.

Mediation, arbitration and other dispute resolution options, in Canada and internationally, to support
and reinforce CSR activities.

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FACT SHEET
Selected Experience

Advise the Mining Association of Canada in relation to

international accountability regimes.
Advise extraction company regarding issues relating to the
mandate of the new Canadian CSR Counsellor to the Extractive
Sector and the process relating to requests made for mediation
to the CSR Counsellor.
Advised First Quantum Minerals, a Canadian mining company,
against the Democratic Republic of Congo (DRC) before the
International Chamber of Commerce (ICC) and the International
Centre for Settlement of Investment Disputes (ICSID) in relation
to the DRC opposing certain companies and mines in which the
Canadian mining company held an interest.
Represented the Government of Canada as Chief Federal
Negotiator in negotiations with the Crees of Northern Qubec
and reached an historic agreement that settles outstanding
litigation between the parties, improves implementation of the
1975 James Bay and Northern Qubec Treaty Agreement and
provides a Cree regional governance framework.
Advised a mining company operating in Latin America regarding
NGO and community claims of a breach of a duty of care based
on CSR principles.
Advising oil and gas and oilfield services companies in the UK
and US on anti-corruption issues.
Represented TransCanada Pipelines in mediation procedures
to successfully resolve outstanding claims by landowners in the
context of a pipeline looping project.
Advised Canada Lands Company in land development projects
in the region of Montral which highlight sustainable
development practices in building constructions.
Counsel to several mining companies with Canadian exploration
and development projects to develop and implement
engagement strategies with local non-indigenous communities,
First Nations, regulators and non-governmental organizations to
obtain project support and conclude project agreements.
Advised Goldcorp regarding its lonore project by negotiating
a long term collaboration agreement with the Cree, taking the
CSR policy of Goldcorp into consideration.
Advised aquaculture operators regarding the all aspects of social
licence in British Columbia, including relationship building with
aboriginal and environmental groups, as well as the interplay
between actions in B.C. and their global social licence issues in
Chile, Scotland and Norway.
Development and execution of a government relations strategy
for Canadian mining companies opposing the passage of Bill C300, An Act respecting Corporate Accountability for the Activities
of Mining, Oil and Gas in Developing Countries.

Advised Terasen Gas in relation to completing Impact Benefit

Agreements with the Lilwat First Nation and the Squamish First
Nation regarding a gas pipeline project in southern British
Columbia.
Assisted Xstrata in providing opinions on their Sustainable
Development Policy and CSR initiatives as it concerns the
Raglan mine.
Advised Katabatic Power Corporation regarding various
Impact Benefit, Protocol and Commercial agreements with
Gitxaala First Nation, Metlakatla First Nation, Gitgaat First
Nation and Kitkatla First Nation relating to wind energy projects
near Prince Rupert and Kitimat, both in British Columbia.
Advised an international mining company regarding community
relations strategy and acquisition of social licence for mining
operations in Mongolia.
Advised Alexco Resource Corp. regarding community relations
strategy and specifically, a Cooperation and Benefits Agreement
with the First Nation of the Na-Cho Nyak Dun relating to the
United Keno Hill Project near Mayo in the Yukon Territory.
Represented Frontenac Ventures Corporation, a junior mineral
exploration company, in connection with mediation, consultation
and the successful negotiation of Memoranda of Understanding.
Advised Hard Creek Nickel in relation to their social licence
strategy and engagement with First Nations in northern British
Columbia, specifically in assisting in Traditional Knowledge
Protocol and Cornerstone Agreements.
Advised Osisko Corporation in relation with the environmental
public hearings to obtain the permit to build and operate Osiskos
Canadian Malartic project, the largest open pit gold mining
project in Canada in operation.
Advised Polaris Minerals Corporation in relation to creation
and operation of joint ventures with the Namgis First Nation (the
Orca Project) and the Hupacasath and Ucluelet First Nations
(the Eagle Rock Project) on Vancouver Island in British
Columbia.
Advised Selkirk Metals Corp. in relation to completing a
Memorandum of Understanding with the Ahousaht First Nation
concerning the Catface Copper Project near Tofino, British
Columbia.
Advised an international integrated oil company on
environmental, international human rights and social
responsibility issues in relation to its investment in a pipeline
project in the Caspian Sea region.
Acted on behalf of an oil company at all legal stages of an
important labour conflict (illegal picketing, the Labour Code's
anti-strike-breaking provisions, etc.).

Advised Canadian Pacific Railway Company in the

development of an Intermodal Complex Project in Les Cdres,
Qubec regarding project approvals and community engagement
strategies.

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