Rochelle Collette Partner | Vancouver

About Rochelle

Rochelle's practice focuses on commercial litigation and environmental and Indigenous law matters. She has experience litigating disputes in the energy, natural resources and infrastructure industries.

Rochelle provides strategic advice to clients in the development of natural resources projects. She advises on project permits and approvals, compliance with regulatory requirements, and environmental assessments. She also assists clients in building relationships, resolving disputes and negotiating agreements with Indigenous communities.

Rochelle has particular experience in complex contractual disputes and judicial reviews of decisions made by administrative bodies. She has appeared as counsel before arbitral and administrative tribunals, and at all levels of court in British Columbia, the Federal Court and the Federal Court of Appeal.

Prior to joining Blakes, Rochelle clerked for five justices of the Supreme Court of British Columbia.

Select Experience

Complex Commercial Disputes

Representing clients in breaches of contract, misrepresentation, product liability, oppression, fraud and negligence claims:

A borrower in an international arbitration defending claims for compensation under a loan agreement
Residential owners of a luxury condominium in an arbitration before the Vancouver International Arbitration Centre involving disputes regarding cost-sharing with a luxury hotel owner

Government Conduct

Representing clients in proceedings challenging or defending government conduct:

The Silver Star Resort Association in defeating a judicial review application that challenged the very existence of the association that had been created by ministerial order (Byram v. British Columbia (Municipal Affairs and Housing), 2020 BCSC 1592)
Mowi Canada West in overturning the Minister of Fisheries and Oceans' aquaculture licensing decision on judicial review and obtaining an injunction in respect of the decision to end transfers of fish into two licensed aquaculture facilities (Mowi Canada West et al v. Minister of Fisheries and Oceans, 2022 FC 588 and 2021 FC 293)
Ermineskin Cree Nation in overturning the decision of the Minister of Environment to designate two coal mine expansions under federal impact assessment legislation without consulting with Indigenous communities in favour of the projects (Ermineskin Cree Nation v. Canada (Environment and Climate Change), 2021 FC 758)

Indigenous

Advising clients in the natural resources sector who are consulting, negotiating, and building relationships with First Nations and Métis communities affected by project development:

Denison Mines Corp. in negotiating one of the first exploration agreements in Saskatchewan with English River First Nation in respect of Denison’s exploration activities within the province, and negotiating a participation and funding agreement with English River First Nation in connection with the advancement of the proposed in-situ recovery uranium mining operation at Denison's 90%-owned Wheeler River uranium project
Fission Uranium Corp. in negotiating a capacity and funding agreement with Clearwater River Dene Nation, which provides funding and a process for engagement in connection with Fission's PLS project

Environmental

Advising clients in the natural resources sector in respect of environmental assessments, permitting and tenuring, land use and access issues, and disputes:

Seabridge Gold Inc. on environmental and permitting matters in connection with Seabridge's approved C$5-billion Kerr-Sulphurets-Mitchell project, one of the largest potential gold-copper mines in British Columbia, including permitting requirements, regulatory compliance, remediation and restoration obligations, and wildlife and protected species management
Clients in claims for clean-up costs associated with contaminated sites
Clients in various industries in the defence and resolution of regulatory charges

Media

Representing media clients in claims for defamation and libel:

A subsidiary of the Toronto Star in successfully defending a defamation claim in respect of reporting on the British Columbia foreign buyers tax (Zhao v. Corus Entertainment Inc., 2020 BCSC 1533)

Professional Appearances

Presenter : Blakes Annual Indigenous Law Update
Blakes Business Class Seminar, Vancouver, British Columbia, April 9, 2024.
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.
Presenter : Indigenous Economic Interests and the Duty to Consult
CBA Alberta Aboriginal Law Section Webinar, May 3, 2023.
Presenter : Blakes Annual Indigenous Law Update
Blakes Business Class Seminar, Vancouver, British Columbia, April 21, 2022.