Roy Millen, Vancouver

About Roy

Roy carries on a diverse practice with particular experience in Indigenous rights and title, commercial litigation and international trade. Clients appreciate Roy's ability to provide prompt, straightforward and business-savvy advice in areas of the law that are complex and continually evolving.

In the area of Indigenous law, Roy advises private-sector clients across Canada on the development of energy, mining and other major projects, and relationships with Indigenous peoples. He negotiates commercial agreements, impact benefit agreements, consultation protocols and other arrangements with First Nations, Métis and other Indigenous groups. He also assists clients in navigating the regulatory processes necessary to secure project approval, including the implications of UNDRIP, and defends proponents from litigation challenges brought by Indigenous communities and individuals.

Roy has succeeded in all levels of court, including the Supreme Court of Canada, and in arbitration and administrative tribunals. In addition to regulatory matters, he represents clients in construction litigation, contract disputes, injunctions and disputes involving claims of fraud, negligence, defamation, breach of trust and misrepresentation.

Roy joined the Firm in 2000, shortly after clerking for Chief Justice McLachlin at the Supreme Court of Canada.

Roy provides legal services through Roy Millen Law Corporation.

Select Experience

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

Awards & Recognition

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)
The Legal 500 Canada (2015–2025: Hall of Fame – Indigenous Law; 2025: Leading Partner – Dispute Resolution: British Columbia)
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))
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)

Professional Activities

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.

Professional Appearances

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.

Media Activities

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.