Roy Millen How to pronounce this name. Partner | Vancouver

Indigenous negotiations, regulatory advice and dispute resolution

• Advising and representing LNG Canada on its C$40-billion project to export LNG from Kitimat, B.C., including negotiating agreements with First Nations, successfully defending challenges in the Federal Court and Federal Court of Appeal to the National Energy Board approval of the project, and assisting in obtaining the environmental assessment certificate for the project

• Counsel to Denison Mines Corp., achieving a landmark shared prosperity agreement with English River First Nation supporting the development and operation of Denison's flagship Wheeler River uranium project, along with some of the first mining exploration agreements in Saskatchewan

• Counsel to Seabridge Gold Inc. since 2010 on its regulatory strategy, including engagement with five different aboriginal groups and the negotiation of impact benefit agreements in connection with Seabridge's approved C$5-billion Kerr-Sulphurets-Mitchell project, one of the largest potential gold-copper mines in British Columbia

• Representing Arctic Canadian Diamond Corporation, owner of the Ekati Mine in NWT, in negotiating a Project Agreement with Tlicho Government confirming its support for Arctic's Point Lake Project, and assisting Arctic in obtaining an updated land use permit and water licence from the Wek'èezhìi Land and Water Board for the project, all of which were necessary for the mine to continue operating

• Counsel for Pure Gold Mining Inc., negotiating a Project Agreement with Wabauskang and Lac Seul First Nations, in support of Pure Gold's gold mine in Ontario. The Agreement confirms the First Nations' collaboration with Pure Gold in support of the permitting process, establishes employment, contracting and education opportunities for the First Nations' members, and provides significant benefits to the First Nations

• Advising a major international mining corporation with respect to a C$10-billion Indigenous rights and title claim brought by a First Nation in the Saskatchewan courts, and negotiating a resolution of the dispute between the Nation and the company on mutually advantageous terms

Litigation

• Dickson v. Vuntut Gwitchin First Nation, 2024 SCC 10 – counsel for the BC Treaty Commission, intervening to address the application of section 25 of the Charter of Rights and Freedoms to a challenge of an Indigenous government law by a member of the First Nation. The reasons of the majority of the Court aligned with the Treaty Commission submissions

• Federation of Law Societies of Canada v. Canada (Attorney General), 2023 BCSC 2068 – counsel for the Federation, obtaining an injunction exempting legal professionals from requirements to report on their clients under the Income Tax Act, which the Federation is challenging as unconstitutional

• Mowi (formerly Marine Harvest) v. Minister of Fisheries, Morton and others, 2022 FC 588, 2021 FC 293, 2018 BCSC 1302 and 2017 BCSC 2383 – overturning the Minister's licensing decision on judicial review and obtaining multiple injunctions to enable Mowi to continue its aquaculture business

• Jorgensen v. Surface Rights Board and Encana Corporation, 2021 BCSC 396 – counsel for Encana, upholding a Board decision authorizing entry by Encana to construct flow lines in support of its gas operations in NE BC. This was the first court decision to interpret key provisions of the legislation regulating the company's operations

• Yellow Cab Company Ltd. v. Lyft Canada Inc., 2020 BCSC 162 and 2021 BCSC 86 – Counsel for Lyft, defeating an application by Yellow Cab and others for an injunction which would have prohibited Lyft from operating in British Columbia, and defeating the taxi companies' application for judicial review of Lyft's passenger transportation licence

• Shepherd v. Lundin Gold Inc., 2020 BCSC 258 – Counsel for Lundin Gold and Lundin Mining, successfully defending a US$12-million claim for an alleged finder's fee and unjust enrichment in connection with Lundin Gold's US$240-million purchase of a gold mining project in Ecuador. Following a 3-week trial involving multiple witnesses from around the world, the court dismissed the plaintiff's claims

• 1120732 B.C. Ltd. v. Whistler (Municipality), 2020 BCCA 101 – Counsel for a property management company, defending a key aspect of Whistler's resort development plan. Our client manages hotels in Whistler, in which the other parties own strata units. The B.C. Supreme Court and the Court of Appeal dismissed the other parties’ challenge to the Whistler municipal bylaws and covenant which provide for unified hotel management

• Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7 - Counsel for FLSC, challenging federal legislation that would have required lawyers to record and retain client information in aid of potential criminal investigations. All levels of court found the provisions unconstitutional

• Catalyst Paper Corporation v. North Cowichan (District), 2012 SCC 2 - Counsel for Catalyst, challenging a municipal tax bylaw. The Court's decision has become one of the leading Canadian cases on judicial review of municipalities and other administrative decision-makers

• Pro bono counsel for B.C. Civil Liberties Association in five Supreme Court of Canada cases involving constitutional law, judicial review, internet defamation, bail and other significant issues: 2011 SCC 47, 2012 SCC 16, 2017 SCC 15, 2018 SCC 26 and 2020 SCC 14

Roy is recognized as a leading lawyer in the following publications:

• Chambers Canada: Canada’s Leading Lawyers for Business – 2019–2025 (Aboriginal Law – Nationwide, Litigation: Administrative & Public Law – British Columbia)

• The Best Lawyers in Canada (2025: Construction Law; 2014–2025: Aboriginal Law/Indigenous Practice, Administrative and Public Law, Corporate and Commercial Litigation, International Trade and Finance Law)

• Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys – 2015–2024 (Litigation Star: Aboriginal and Commercial)

• Chambers Global: The World’s Leading Lawyers for Business – 2018–2024 (Aboriginal Law)

• The Canadian Legal Lexpert Directory (2014–2024: Repeatedly Recommended – Aboriginal Law; 2023–2024: Repeatedly Recommended – Energy (Oil & Gas))

• The Legal 500 Canada – 2015–2024 (Dispute Resolution, International Trade, and Hall of Fame – Indigenous Law)

• Thomson Reuters Stand-out Lawyers – Independently Rated Lawyers – 2016–2024 (As nominated by senior in-house counsel)

• Lexpert Special Edition: Energy and Mining 2024

• Lexpert Special Edition: Mining 2023

• Lexpert magazine, November 2014 (Rising Stars: Leading Lawyers Under 40)

Roy regularly chairs and speaks at conferences across Canada, publishes articles in his areas of expertise, and volunteers his time with community and legal organizations. He is a director of the Metro Vancouver Regional Parks Foundation, director of Vancouver Falcons Athletic Club, member of the B.C. Parks Foundation Conservation Fund Committee, and member of Blakes national Pro Bono Committee.

Roy has been an adjunct professor, guest lecturer and moot coach at the University of British Columbia Faculty of Law, guest speaker at the University of Victoria Faculty of Law, guest instructor for the University of Western Faculty of Law and moot court judge for the Exchequer Cup. Roy was chair of the Canadian Bar Association (CBA) Supreme Court of Canada Liaison Committee, chair of the CBA B.C. Branch (CBABC) Aboriginal Law Section, legislative liaison to the CBABC International Law Section and member of the CBA National Pro Bono Law Committee. In the community, Roy was president of the board of directors of Little Mountain Neighbourhood House Society, treasurer and director of the Vancouver Symphony Society, director of the Industry Council for Aboriginal Business, and director of Better Environmentally Sound Transportation.

• Co-author : Quilting Canada’s Patchwork Rights: Supreme Court of Canada Confirms Indigenous Collective Rights Protected by Charter
  Blakes Bulletin on Indigenous, April 4, 2024.
• Co-author : Implementing UNDRIP: B.C.’s Land Act Reform Sparks Public Debate
  Blakes Bulletin on Indigenous, February 16, 2024.
• Co-author : Court Rules British Columbia Must Modernize Mineral Claim Registration System to Allow for Consultation With Indigenous Nations
  Blakes Bulletin on Indigenous, October 2, 2023.
• Co-author : Key Amendments to Canadian Sanctions Legislation Now in Force
  Blakes Bulletin on Financial Services Regulatory, July 12, 2023.
• Co-author : Update on Canadian Sanctions Against Russia: One Year On From the Full-Scale Invasion of Ukraine
  Blakes Bulletin on International Trade, March 6, 2023.
• Co-author : First Court Decision to Interpret Sanctions Against Russia Adopts Broad Interpretation of Corporate “Control”
  Blakes Bulletin on International Trade / Financial Services Regulatory, January 4, 2023.
• Co-author : Supreme Court of Canada Clarifies Test for Constructive Taking of Land by Government
  Blakes Bulletin on Litigation & Dispute Resolution, November 3, 2022.
• Co-author : Update on Canadian Sanctions and Other Economic Measures Against Russia
  Blakes Bulletin on International Trade / Financial Services Regulatory, April 4, 2022.
• Co-author : Canada Imposes Extensive New Sanctions and Other Economic Measures Against Russia
  Blakes Bulletin on International Trade / Financial Services Regulatory, February 28, 2022.
• Co-author : B.C. Supreme Court Dismisses Aboriginal Rights-based Claim Against Private Owner of Historic Dam
  Blakes Bulletin on Indigenous Law, January 17, 2022.

• Presenter : Aboriginal Title and Coastal First Nations
  Pacific Business & Law Institute, Developments in Aboriginal and Indigenous Law 2023, Vancouver, British Columbia, October 11, 2023.
• Presenter : Blakes Annual Indigenous Law Update
  Blakes Business Class Seminar, Vancouver, British Columbia, June 13, 2023.
• Moderator : Post-Agreement Reconciliation in the Canadian Indigenous Context
  International Institute for Conflict Prevention & Resolution, CPR 2022 Global Conference, December 7, 2022.
• Presenter : Blakes Annual Indigenous Law Update
  Blakes Business Class Seminar, Vancouver, British Columbia, April 21, 2022.

• Quoted : Yukon appeal court hears case over approval of Kudz Ze Kayah mine project
  Article by Jackie Hong, CBC News, September 16, 2024.
• Quoted : Legal regulators challenge new tax law compelling bar to report clients' confidential information
  Article by Cristin Schmitz, LAW360 Canada, September 13, 2023.
• Quoted : Yukon Supreme Court judge reserves decision after arguments over mine approval in Kaska territory
  Article by Jim Elliott, Yukon News, April 19, 2023.
• Quoted : Kaska 'pushed the envelope' on consultation over Yukon mine, governments and company tell court
  Article by Jackie Hong, CBC News, April 19, 2023.
• Quoted : Critical minerals sector will have to wait on speedier timelines for development
  Article by Julius Melnitzer, Financial Post, April 12, 2023.

Admitted to the Yukon Bar – 2023
Admitted to the Saskatchewan Bar – 2012
Admitted to the British Columbia Bar – 2001
LLB, University of Victoria – 1999
BA (Hon.), Bishop's University – 1996