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Digging Up Legal Trends in Mining

The Fasken Annual Seminar Series


#FaskenPDAC

Global Mining Group Leadership John S. M. Turner


Partner | Co-Leader,
Global Mining Group and
Andrew Gabrielson
Captial Markets and Mergers Partner | Co-Leader,
& Acquisitions Group Chair Global Mining Group
+1 416 865 4380 +1 604 631 4844
jturner@fasken.com agabrielson@fasken.com

PDAC Planning Committee

Michael Bourassa Frank Mariage Virginia Schweitzer Andrea Tulloch Farid Derakhshan
Partner Partner Partner | Co-Managing Marketing Events Manager Assistant Director,
+1 416 865 5455 +1 514 397 7540 Partner, Ottawa +1 416 868 3329 Business Development
mbourassa@fasken.com fmariage@fasken.com +1 613 696 6889 atulloch@fasken.com +1 604 631 3221
vschweitzer@fasken.com fderakhshan@fasken.com

Fasken Presenters of the PDAC Seminar Series

Kai Alderson Lori Bokenfohr Dani Bryant Brian W. Burkett Joz Coetzer
Emilie Bundock
Partner Partner Partner Counsel Partner
Partner
+1 604 631 4956 +1 587 233 4061 +1 604 631 4820 +1 416 865 4466 +44 2079 178 520
+1 514 397 5150
kalderson@fasken.com lbokenfohr@fasken.com dbryant@fasken.com bburkett@fasken.com jcoetzer@fasken.com
ebundock@fasken.com

Jean-Philippe Côté Antonio Di Domenico Nancy Eastman Stéphane Fillion Paul Fornazzari
Partner Partner | Co-Leader, Partner Co-Leader, Labour, Partner
+1 514 397 5178 Competition, Marketing +1 416 865 4387 Employment & Human Rights +1 416 868 7896
jpcote@fasken.com & Foreign Investment neastman@fasken.com +1 514 397 4309 pfornazzari@fasken.com
+1 416 868 3410 sfillion@fasken.com
adidomenico@fasken.com

Brian Graves Alix Herber Peter N. Mantas Frank Mariage Ian Palm
Partner Partner Partner Partner Partner
+1 416 865 4517 +1 416 868 3367 +1 613 696 6886 +1 514 397 7540 +1 416 865 5155
bgraves@fasken.com aherber@fasken.com pmantas@fasken.com fmariage@fasken.com ipalm@fasken.com

Alex Pankratz Christopher Pigott Kimberly Potter Ryan Rabinovitch Zach Romano
Partner Partner Partner Partner Partner
+1 416 865 4459 +1 416 865 5475 +1 416 865 4544 +1 514 397 7422 +1 604 631 4861
apankratz@fasken.com cpigott@fasken.com kpotter@fasken.com rrabinovitch@fasken.com zromano@fasken.com

Sabrina Spencer Sandeep Tatla Krisztián Tóth Daphney Willem Dyna Zekaoui
Associate Chief Equity, Diversity Partner Partner Business Advisor
+1 604 631 3160 And Inclusion Officer +1 416 865 5467 +27 11 586 6014 +1 416 865 4400
sspencer@fasken.com +1 416 865 5137 ktoth@fasken.com dwillem@fasken.com dzekaoui@fasken.com
statla@fasken.com

fasken.com
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Brian W. Burkett*
COUNSEL

Toronto
+1 416 865 4466
bburkett@fasken.com
www.fasken.com/en/brian-burkett

*practising through a professional corporation

Areas of Expertise Education


Labour Relations and Collective Bargaining | Workplace 1976, LLB, Osgoode Hall Law School at York
Equity | Labour, Employment & Human Rights | University
Employment Advice and Litigation | Human Rights &
1973, BA, University of Toronto
Discrimination | Litigation and Dispute Resolution | ESG
and Sustainability | Pensions and Benefits Jurisdiction
Ontario, 1978

Language
English

Brian is a management-side labour and employment lawyer in Fasken’s Toronto office.

Fasken is proud to be a Partner Company in the International Organisation of Employers (IOE) in


Geneva, Switzerland. The Fasken Labour and Employment Practice Group (comprised of over 120
lawyers globally) is ranked Band 1 and the Employment Law Firm of the Year in the Chambers Canada
Rankings for 2021-2022.

Brian has also held the top ranking of Band 1 in the Chambers Canada Rankings for a number of
consecutive years. In 2021-2022, Brian was recognized as a Senior Statesperson in the Chambers
Nationwide and Ontario Rankings, and the recipient of the Chambers Canada Lifetime Achievement
Award celebrating his career and contributions to the legal profession and to the practice of law across
Canada. He is also a co-recipient of the 2021 Canadian Freedom of Association Award presented by the
Canadian Industrial Relations Association (CIRA).

Brian is counsel to and a Board member of the Canadian Employers Council (CEC). The CEC was the
official "voice" of Canadian business until 2023, on the international stage, including at the ILO, in respect
of the world of work. In January 2021, the CEC submitted a Report to the Canadian government setting
out the views and perspective of the Canadian business community on a wide variety of unfolding
international and domestic developments impacting the world of work and global workplaces.
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He is also counsel to the Federally Regulated Employers - Transportation and Communications (FETCO).
FETCO is the principal organization representing the interests of federally-regulated employers, including
its interactions with the Canadian Government. In 2023, FETCO became the official representative of
Canadian business, on the international stage, including the ILO, in respect to the world of work.

Brian advises Canadian businesses (operating both inside and outside of Canada), on how best to
manage the risk of human rights impacts in their operations and activities, including supply chains, as well
as guiding them on corporate reporting obligations under Canada’s new Fighting Against Forced Labour
and Child Labour in Supply Chains Act.

Brian is a member of the Global Coordinating Group (GCG) of Alliance 8.7. Alliance 8.7 is an international
initiative aimed at advancing Sustainable Development Goal (SDG) No. 8 – the elimination of child labour,
forced labour and human trafficking in the global supply chain.

Brian was a member of the Labour Consultation Group, appointed by the Canadian Government, in
respect of the social/labour provisions of the recently enacted Canada-US-Mexico trade deal (CUSMA).
He is also a member of the Comprehensive Economic and Trade Agreement: Domestic Advisory Group
(CETA:DAG) (Labour and Sustainable Development chapters) under the provisions of the provisional
trade deal between Canada and the 27-member EU.

He participates in the affairs of the International Labour and Employment Relations Association (ILERA).
In 2018, he presented a paper on "Globalization: Reverse or Reform?" at the ILERA World Congress held
in Seoul, South Korea, and in 2020, he spoke on the topic of “Globalization and Labour Law” at the
ILERA Regional: Americas conference.

Brian is co-author of the book Canadian Labour and Employment Law for the U.S. Practitioner (4th
Edition) published by Bloomberg BNA Books, Washington, D.C. He is also co-editor and an author of
Federal Labour Law and Practice, published by Canada Law Book.

He is an associate editor of the Canadian Labour and Employment Law Journal (CLELJ) and a member
of the International Association of Labour Law Journals.

Brian sits on the Advisory Board of the Centre for Industrial Relations and Human Resources (CIRHR) at
the University of Toronto and the Centre for Law in the Contemporary Workplace at the Faculty of Law,
Queen’s University.

He is an Adjunct Professor at the CIRHR where he co-teaches the course on "International Developments
in Labour and Human Resource Policy".

Over the last few years, Brian has been actively involved in the rapidly evolving ESG
(Environmental/Social/Governance) field with special attention on the "S" (Social) in ESG and ESG
Investing, otherwise known as Business and Human Rights (BHR).

Brian is a co-author of the recently released (January 2023) Fasken "2023 ESG Disclosure Study". The
Study records the current status of the Social (S) progress, alongside Environmental/Governance, within
the Canadian corporate community as of the end of 2022.
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In this regard, since 2021, Brian has lectured: (i) in the Osgoode Hall Law School "Certificate in ESG,
Climate Risk and the Law" program, and (ii) the Western Law course on "International Developments in
Human Rights" from the perspective of the human rights footprint of corporations.

He is co-author of the chapter "The Regulation of Multinational Labour and Employment Practices
Through a Galaxy of Norms" in the recently released book, Corporate Social Responsibility – Sustainable
Business: Environmental, Social and Governance Frameworks for the 21st Century, published in 2020 by
Kluwer Law International in partnership with the International Bar Association.

Brian is a member of the Advisory Panel of the Access to Remedy Institute (ARI) connected with the
Center for Human Rights at the American Bar Association (ABA). The Center focuses on the
development of the BHR field within the global economic system, including the construction of a
comprehensive repository of BHR materials (see BHR Repository). ARI works to enhance the
application of just systems to uphold the UN Guiding Principles on Business and Human Rights (the
UNGPs) and to protect Human Rights in Business.

Brian participates in the UN Forum on Business and Human Rights (BHR) held each year in Geneva,
Switzerland. The 11th Annual Forum on BHR took place, in hybrid fashion, November 28-November 30,
2022.

Finally, Brian is a Fellow of the College of Labor and Employment Lawyers in the United States. He is
also AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, the highest peer review rating
awarded to a lawyer/attorney for his legal skills and sense of ethics.

Rankings and Awards


Chambers Canada 2022-2024 Recognized nationwide as a Senior Statesperson in Business & Human
Rights Law

Chambers Canada 2016-2024 Recognized as a Senior Statesperson in Employment & Labour in


Ontario

The Best Lawyers in Canada 2006-2024 Recognized in Labour and Employment Law in Toronto

The Legal 500 Canada 2016-2023 Recognized nationwide in the Hall of Fame in Labour and
Employment

Who's Who Legal 2014-2023 Recognized as a Thought Leader and Recommended in Labour,
Employment & Benefits Law

Lexpert 2013-2023 Recognized in the Canadian Legal Lexpert Directory in Labour Relations

Thomson Reuters stand-out lawyers 2016-2022 Recognized as a Thomson Reuters Stand-out Lawyer
(formerly known as Acritas Star™ lawyer)

Canadian Industrial Relations Association 2021 Canadian Freedom of Association Award (co-recipient)
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Chambers Canada 2021 Chambers Canada Lifetime Achievement Award

Lexpert 2013-2021 Recognized in the Canadian Legal Lexpert Directory in Employment Law

Chambers Global 2014-2018 For Employment Law - Employer and Labour Relations – Band 1
(category was discontinued in 2019)

Who’s Who Legal 100 2014-2015 For Labour and Employment

International Who's Who of Management Labour & Employment Lawyers 2013

Annual Guide to the Leading 500 Lawyers in Canada

College of Labor and Employment Lawyers (Fellow)

Martindale Hubbell (AV® Preeminent™)

Memberships and Affiliations


Member, American Bar Association (Member of the ADA Advisory Committee to the ABA: Centre for
Human Rights)

Member, Canadian Bar Association

Member, Canadian Chamber of Commerce

Co-Director, Canadian Labour Law Association (CLLA)

Director and Counsel, Canadian Employers Council

Member, International Association of Labour Law Journals

Member, International Organization for Standardization (IS)

Member, International Society for Labour and Social Security Law

Member, Inter-University Research Centre on Globalization and Work (CRIMT)

Member, The College of Labor and Employment Lawyers

Member, The Law Society of Upper Canada (Ontario)


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Christopher Pigott
PARTNER

Toronto
+1 416 865 5475
cpigott@fasken.com
www.fasken.com/en/christopher-pigott

Areas of Expertise Education


Labour, Employment & Human Rights | ESG and 2009, JD, Osgoode Hall Law School at York
Sustainability | Federal Sector University

2007, MA, Political Studies, Queen's University

2005, BA (Honours), with High Distinction,


University of Toronto

Jurisdiction
Ontario, 2010

Language
English

Chris Pigott’s practice is focused on labour, employment, human rights and public law. Chris provides
employers with strategic advice, representation in negotiations and litigation, and guidance on law reform
and policy development. Chris has been recognized by Chambers Canada as a lawyer with "a 'wealth of
legal knowledge' and a growing reputation as a 'leading thinker.'"

Chris has extensive experience in complex labour, employment, and human rights disputes. He advises
clients on how to achieve their goals in the face of major labour negotiations, organizational change and
restructuring, and other critical developments that impact their workplace. Chris frequently provides
advice in negotiations and other labour matters that stretch across provincial and international borders. In
addition to negotiation and advisory work, Chris focuses on litigation arising from labour, employment,
and human rights disputes. He appears in arbitrations, labour board proceedings, before the Ontario and
Federal Courts, and in the Supreme Court of Canada. Chris routinely acts in judicial review and appeal
proceedings and has acted as lead or co-counsel in several significant recent appeals in the Supreme
Court and Federal Court of Appeal, including: Canada Post v. CUPW (federal sector health and safety
inspections)

Mounted Police Association of Ontario (constitutional right to collective bargaining)

Saskatchewan Federation of Labour (constitutional right to strike)


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AECL v. Wilson (unjust dismissal in the federal sector)

Chris has considerable experience representing federally regulated employers in transportation,


telecommunications, banking and other industries. He acts as counsel to FETCO (Federally Regulated
Employers - Transportation and Communications), the association that serves as the principal
representative of employers in the federal sector.

Chris deals frequently with public law and public policy issues in the labour, employment, and human
rights context. He provides advice to private and public sector clients on legislative action and
government initiatives that impact their operations, and helps them craft legal and practical strategies in
response. He acts for clients in matters that involve administrative or constitutional law issues, including
litigation under the Canadian Charter of Rights and Freedoms. Chris also has an active international
practice. He advises Canadian, foreign, and multinational employers on business and human rights,
international labour standards, the international union movement, and cross-border industrial relations.
He is active within the Canadian Employers Council (CEC), the exclusive representative of Canadian
employers concerning global labour and employment issues.

Chris advises Canadian businesses (operating both inside and outside of Canada), on how to best
manage the risk of human rights impacts in their operations and supply chains, as well as guiding them
on corporate reporting obligations, including those under Canada’s new Fighting Against Forced Labour
and Child Labour in Supply Chains Act.

Chris has taught labour and employment law and policy at the Western University Faculty of Law, the
Queen’s University Faculty of Law, the Centre for Industrial Relations and Human Resources at U of T,
and the Osgoode Hall Law School Certificate in Labour Law.

Rankings and Awards


Chambers Canada 2022-2024 Recognized in Employment & Labour in Ontario

Lexpert 2023 Recognized as a Lexpert Rising Star

Thomson Reuters stand-out lawyers 2023 Recognized as a Thomson Reuters Stand-out Lawyer
(formerly known as Acritas Star™ lawyer)

Chambers Canada 2020-2021 Recognized as Up and Coming in Employment & Labour in Ontario

The Legal 500 Canada 2018 For Labour and Employment Law

Memberships and Affiliations


Member, Canadian Bar Association

Member, Law Society of Upper Canada

Member, Ontario Bar Association


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