Issue link: http://resourceworld.uberflip.com/i/612354
d e c e m b e r / j a n u a r y 2 0 1 6 www.resourceworld.com 45 Chevron Canada's Mississauga office: Chevron Canada operates a business establishment in Mississauga, Ontario. It is not a mere "virtual" business. It runs a bricks and mortar office from which it car- ries out a non-transitory business with human means and its Ontario staff provides services to and solicits sales from its custom- ers in this province. These findings have not been contested. They are sufficient to establish presence-based jurisdiction. Chevron Canada has a physical office in Mississauga, Ontario, where it was served pursuant to Rule 16.02(1)(c), which provides that valid service can be made at a place of business in Ontario. Chevron Canada's business activities at this office are sustained; it has representatives who pro- vide services to customers in the province. Canadian courts have found that jurisdiction exists in such circumstances: (Chevron Corp v. Yaiguaje 2015 SCC 42) All legal commentary, on this case to date, has focused on the cross-jurisdictional precedent-setting impacts of defending such an action via corporate subsidiaries, which is, of course, a valid concern. But this article wants the reader to understand that the ruling also has its place (and a prominent place) in the sweep of native legal empowerment that is climaxing in the country's resources sector from coast to coast. While it remains to be seen whether the Ecuadorians will actually make progress with their enforcement initiative now that they've been given the legal green light; we can see from the Treaty 8 experience, that industry and government are still very much on the learning curve. In British Columbia, the Supreme Court of Canada recently denied Rio Tinto Alcan an appeal of a lower court decision that allows two north-central BC First Nations to sue the company regarding the diversion of the Nechako River and construction of a dam in 1952, many years before Rio Tinto acquired Alcan. The dam provides hydro power for the Kitimat aluminum smelter. The two First nations, the Saik'uz and Stellat'en, are of the view that the diver- sion caused a drop in water flow of the Nechako River that has negatively affected fisheries. They are seeking an increased water flow to ensure a healthy salmon run. A more recent BC development includes the Heiltsuk First Nation that has written and signed its own declaration claiming sovereign authority over more than 35,000 km 2 of the central coast stating it has the right to control, manage and benefit from territorial resources. The Ecuadorian ruling shows that the rise of native empowerment is now a universal phenomenon that requires new strategic thinking across the board, particularly when lawsuits are being launched regarding events that took place decades ago. n Bill Gallagher is a strategist, lawyer and author of Resource Rulers: Fortune and Folly on Canada's Road to Resources THE ENTIRE SUPPLY CHAIN UNDER ONE ROOF PORT PRODUCTIVIT Y SUMMIT COMMODITIES & COLD-CHAIN SUMMIT DISTRIBUTION LOGISTICS SUMMIT GLOBAL TRADE TECHNOLOGY 100+ SPEAKERS 3,000 ATTENDEES 5 STREAMS 50,000+ SQ. FT. OF EXHIBITS REGISTER NOW cargologisticscanada.com/register Use code EB30RW before Jan. 14 to get discounted price and a chance to win free hotel accommodation P L A T I N U M S P O N S O R P R E S E N T I N G S P O N S O R V I P L O U N G E S P O N S O R S U P P O R T E D B Y C L C - C A F É S P O N S O R G O L D S P O N S O R S