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Roy Millen

Partner, Vancouver Office

Telephone  604-631-4220
Facsimile  604-631-3309
email
 

Profile

Roy Millen is a litigation Partner with a wide-ranging practice. He has particular expertise and experience in commercial, aboriginal, energy, international trade and public law matters. His broad experience in corporate and commercial litigation includes representing clients in contract disputes, class actions, injunctions and claims of fraud, negligence, defamation, and misrepresentation. He has acted as lead counsel before all levels of court, including the Supreme Court of Canada, and numerous administrative tribunals.

In the fields of aboriginal and energy law, Roy advises clients on consultation and accommodation, land and resource issues, commercial ventures, aboriginal rights and title, fiduciary duties, and numerous other matters. He is a director of the Industry Council for Aboriginal Business and was an adjunct professor at the University of British Columbia Law School.

In the field of international trade and investment, Roy has experience in import/export issues, commodities, antidumping and subsidy inquiries, and related cross-border matters. In the area of public law, he is long-time counsel for the Federation of Law Societies of Canada in a leading constitutional case, and also represents clients in cases involving municipal, constitutional and administrative issues.

Representative Cases

Some of the significant cases in which Roy has acted as counsel include:

Danone Inc. v. Canada, 2010 FCA and CITT (counsel for Parmalat Canada Inc., intervening in respect of the customs classification of Danone's imported yogurt drink, and the impact of a lower-court injunction on the domestic yogurt industry)

Catalyst Paper Corporation v. North Cowichan (District), 2010 BCCA 199 (counsel for Catalyst, challenging a municipal bylaw that the court held created an "extreme imbalance" between industrial and residential property tax rates)

Westcoast Landfill v. CVRD, 2009 BCSC 53 (counsel for defendant Regional District, successfully defending claims by plaintiff composting facility in breach of contract, negligence, unlawful interference with economic relations, negligent misrepresentation and bad faith)

Dexia v. Rogan, 2008 BCSC 1406 (counsel for plaintiff bank, obtaining US$124-million "Mareva" injunction prohibiting defendants from fraudulently dissipating assets to avoid execution)

Ontario Corn Producers' Association v. Canadian Pork Council et al., 2007 FCA 216 (counsel for the U.S. Trade Representative, resisting an application for a declaration of injury caused by that the importation of U.S. corn into Canada)

Dahl v. Canadian Imperial Bank of Commerce, 2006 BCCA 369 (counsel for CIBC, successfully defending prospective class action concerning interest charges on credit card transactions)

Bua v. Clegg, 2006 BCSC 802 (pro bono counsel for Mr. Bua, obtaining an order appointing him and a family friend as committee for the estate of Mr. Bua's injured wife)

B.C. Vegetable Greenhouse I, L.P., v. B.C. Vegetable Marketing Commission, 2005 BCCA 476 (counsel for the Marketing Commission, affirming its jurisdiction to impose levies on regulated tomato growers)

Tsimshian Tribal Council v. B.C. Treaty Commission, 2005 BCSC 860 (counsel for Treaty Commission, resisting an application for an injunction to prevent the disbursement of treaty negotiation funding to First Nations)

Federation of Law Societies of Canada v. Attorney General of Canada, 2001 BCSC 1593, 2002 BCCA 49 (counsel for Federation, obtaining exemption for legal profession from legislation that required lawyers to report to the government "suspicious" transactions engaged in by clients, contrary to lawyers' duties of confidentiality, loyalty and independence)

R. v. Pilarinos and Clark, 2001 BCSC 1332 (amicus curiae, providing independent legal brief to court on constitutional ramifications of media application to use television cameras to film trial of former Premier Glen Clark)

Roy is regularly invited to chair and speak at conferences across Canada and frequently publishes articles in his areas of expertise. He was a member of the National Pro Bono Law Committee of the Canadian Bar Association and past chair of the Aboriginal Law Section of the Canadian Bar Association - British Columbia. For his extensive community service and pro bono work, Roy was awarded the 2006 Blakes Volunteer of Distinction Award and named Lawyer of the Year for 2008 for the Court of Appeal Program by Pro Bono Law of British Columbia. Before joining Blakes, Roy served as law clerk to Chief Justice Beverley McLachlin of the Supreme Court of Canada.



 
     
 

Areas of Law

Aboriginal Law
Litigation & Dispute Resolution
International Trade & Investment
Constitutional & Charter of Rights
Energy
Municipal & Planning
 
 

Education

Admitted to the British Columbia Bar - 2001
LL.B., University of Victoria - 1999
B.A. (Hon.), Bishop's University - 1996
 
 

Media Appearances

Mentioned - "Pro Bono Law of BC's Free Legal Advice-a-Thon", The Vancouver Sun, Final Edition, BUSINESSBC, p. C9, Vancouver, British Columbia, November 2, 2009,

Quoted - "Pro Bono Mentorship Program", Benchers' Bulletin News, Summer 2009.

Featured - "Considering a Career in Law?", Law Society of British Columbia, January 2008.

Interviewed - " Big Brothers Sets New Goal - Celebrating 50 Years of Friendship and Mentoring", Article by Jodie Warren, BC Business Magazine, September 2007.

 
 

Recent Publications

Co-author - "Quebec v. Moses: Canadian Environmental Assessment Act Applies on James Bay Treaty Land", Blakes Bulletin on Environmental/Aboriginal Law, May 2010.

Co-author - "Fundamental Breach Doctrine "Laid to Rest" but Public Policy Considerations Reinvigorated in Procurement Cases", Blakes Bulletin on Litigation & Dispute Resolution/Procurement, February 2010.

Co-author - "Canada-U.S. "Buy American" Agreement", Blakes Bulletin on International Trade & Investment, February 2010.

Co-author - "New Twist on Law of Dumping of Goods from State-Influenced Economies", Published in GHY Tradelines, Monday, December 21, 2009; also in Blakes Bulletin on International Trade & Investment - China Focus, December 2009.

Co-author - "Foreign Suppliers Cannot Use Agreement on Internal Trade to Launch Procurement Complaint", Published in International Law Office, Trade & Customs, Canada, November 20, 2009; also in Blakes Bulletin on International Trade & Investment, November 2009.

Co-author - "Fishing for More than One Day: Aboriginal Equality after Delgamuukw", Aboriginal Law Since Delgamuukw, pp. 269-289, September 2009.

Co-author - "Fraud and Freezing Orders - Obligations of Banks in Dealing with Client Accounts", Blakes Bulletin on Litigation/Financial Services, April 2009.

Co-author - "Federal Budget Proposes Measures to Stimulate International Trade", International Law Office, Trade & Customs, Canada, February 6, 2009; also published in Blakes Bulletin on International Trade & Investment, January 2009.

Co-author - "B.C. Utilities Commission Must "Grasp the Nettle" and Decide Aboriginal Consultation Disputes", Blakes Bulletin on Aboriginal Law/Energy, February 2009.

Co-author - "WTO Panel Rules Against Chinese Tariff on Imported Auto Parts", Blakes Bulletin on International Trade & Investment-China Focus, January 2009.

Co-author - "Canada Levies Targeted Economic Sanctions Against Zimbabwe", Blakes Bulletin on International Trade, September 2008.

Co-author - Canada's Free Trade Agenda: A World of Opportunities for Global Supply Chains", I.E.Global Fall 2008, pp. 15-18, September 2008.

Author - "B.C. Environmental Appeal Board Reaffirms Importance of Good Faith Participation by First Nations in Consultation Process", Blakes Bulletin on Aboriginal Issues, June 2008; also published in Working Effectively with Aboriginal Peoples Newsletter, June 15, 2008; Published in Globe-Net Newsletter, June 19, 2008; Published in BAR-eX Weekly, July 2, 2008.

Co-author - "North American Free Trade Agreement: Overview", The Handbook of Trade Enforcement 2008, Global Competition Review, p. 21-26, April 2008.

Co-author - "Recent Changes Proposed to WTO Anti-Dumping Agreement and Subsidies and Countervailing Measures Agreement", Blakes Bulletin on International Trade, February 2008, also published in Commonwealth Secretariat online newsletter, February 2008.

Co-author - "The Tsilhqot'in Nation Decision on Aboriginal Title and Rights", Blakes Bulletin on Aboriginal Issues, November 2007.

Co-author - "Government Must Determine Who Speaks For First Nations", The Lawyers Weekly, Aboriginal Law, September 21, 2007.

Co-author - "Trade, Investment and Labour Mobility Agreement between British Columbia and Alberta", Blakes Bulletin on International Trade, September 2007.

Author - "Addressing the Merits of a Proposed Class Proceeding in Advance of Certification", Class Action Journal, Vol. V, No. 4, P. 367, Federated Press, July 2007.

Author - "Proposed Class Proceeding Concerning Credit Card Interest Dismissed Before Certification", Blakes Bulletin on Class Actions, June 2007; also published in National Banking Law Review, Vol. 26, No. 4, P. 37, September 2007.

Author - "Canada and China Still Working Towards an Investment Treaty", Blakes Bulletin on International Trade - China Focus, December 2006.

 
 

Recent Professional Activities

Speaker - "Pro Bono Lawyers Pursuing Public Interest Litigation", CBA Social Justice Subsection Meeting, Vancouver, B.C., June 29, 2010

Moderator - "Dealing Effectively With the Media", CLE-TV Course, Continuing Legal Education, Vancouver, B.C., June 22, 2010.

Presenter - "B.C. Energy Projects in the Shadow of the Carrier Sekani Case", Western Canada Aboriginal Law Forum, Insight Information, Vancouver, British Columbia, May 11-12, 2010.

Moderator - "Tercon Contractors Ltd. v. British Columbia (Transportation and Highways): New Approach to Exclusion of Liability Clauses Set Out By The Supreme Court of Canada", Osgoode Professional Development Teleseminar, April 8, 2010.

Speaker - "The Industrial Tax Revolt - TimberWest, Catalyst and Municipal Taxes", Canadian Bar Association (BC), Municipal Law Section, Vancouver Section Meeting, Vancouver, British Columbia, January 19, 2010.

Facilitator - "Land Issues", 7th Annual ICAB Forum: From Entrepreneur to Community Venture, From Small Business to Mega Project, Industry Council for Aboriginal Business, Harrison Hot Springs, British Columbia, June 25-26, 2009.

Presenter - "Aboriginal Issues Update", IPPBC / CanWEA First Nations Workshop, Vancouver, British Columbia, June 23, 2009.

Co-presenter - "Westcoast Landfill v. CVRD, 2009 BCSC 53", Canadian Bar Association (BC), Municipal Law Section, Vancouver Section Meeting, Vancouver, British Columbia, April 16, 2009.

Speaker - " Independence of the Bar and if it Matters", Twelfth Colloquium on the Legal Profession, Law Society of Upper Canada Continuing Legal Education, Queen's University, Hamilton, Ontario, March 10, 2009.

Co-presenter - " Aboriginal Administrative Law: The New Realities", Aboriginal Administrative Law: The New Realities Conference, Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, March 5, 2009.

Presenter - "The New Client ID and Verification Rules", The Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, December 11, 2008.

Co-chair - "Aboriginal Land and Resource Management Conference", Vancouver, British Columbia, November 27-28, 2008.

Presenter - "Developing and Maintaining Healthy and Respectful Relations with Aboriginal Communities", Canadian Wind Energy Association Conference, Vancouver, British Columbia, October 19-22, 2008.

Presenter - "Aboriginal Consultation - Current Issues for IPPs", Blakes Seminar, September 23, 2008.

Presenter - "On Common Ground ", 2008 Industry Council for Aboriginal Business Forum, Vancouver, British Columbia, June 19-20, 2008.

Co-chair - "Traditional Land Use in the Context of Consultation", Canadian Bar Association (BC) Aboriginal Law, Vancouver Section Meeting, Vancouver, British Columbia, June 12, 2008.

Speaker - "Jurisdiction Over Aboriginal Title Lands - Tsilhqot'in v. British Columbia - Meaning and Impact of the William Decision", Continuing Legal Education, Vancouver, B.C., January 18, 2008.

Presenter - " Law Society and Legislative Initiatives to Combat Money Laundering", The Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, September 26, 2007.

Speaker - "Reducing Costs, Uncertainty and Unfairness: The Case for Addressing the Merits of a Proposed Class Proceeding Before Certification", Advocates Club, Vancouver, B.C., April 23, 2007.

Chair - "Consultation with First Nations: Who Speaks for the Nation?", CBA Aboriginal and Forestry Joint Subsection Meeting, Vancouver, B.C., April 4, 2007.

Chair - "CBA-BC Aboriginal Law (Vancouver) Subsection", Annual Review - Developments in Aboriginal Law in 2006, Vancouver, B.C., February 7, 2007.

Presenter - "Implications of R. v. Kapp: Applying the Charter to Governments' Arrangements with First Nations", 8th Annual Aboriginal Land and Resource Management Conference, Insight Information, Vancouver, B.C., November 6, 2006.

Presenter - "Judicial Review of Administrative Decisions on Issues of Aboriginal Law", Aboriginal Law: Procedural and Dispute Resolution Issues Conference, The Continuing Legal Education Society of British Columbia, Vancouver, B.C., October 5, 2006.

Co-chair - "Aboriginal Law Fundamentals", Continuing Legal Education Society of British Columbia (CLE) Conference, Vancouver, B.C., October 4, 2006.

 
     
     
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