Keith B. Bergner
Keith B. Bergner
Partner
(604) 631-9119
(604) 694-2910
925 West Georgia St, Suite 1600, Cathedral Pl, Vancouver, BC
Year called to bar: 1997 (BC); 2000 (NU); 2000 (NT); 2010 (YT)
Keith advises private and public sector and government clients throughout Canada on Indigenous law and energy/regulatory matters. He appears as counsel before regulatory tribunals and all levels of Superior and Appellate Courts, including the SCC. He acts for clients in the natural resource industries including mining, oil & gas, LNG, pipelines, hydroelectric generation and transmission, aquaculture, and power projects. He advises on the extent of the duty to consult and, if necessary, accommodate, in respect of potential adverse effects to Indigenous rights or title by major industrial projects. He acts as counsel for proponents seeking regulatory permits and approvals and assists with the development of consultation programs and the negotiation of impact-benefit agreements. He represents project proponents and governments in appeals and judicial reviews challenging project approvals. He is recognized for Aboriginal law in Chambers Canada and Global, The Best Lawyers in Canada, and Benchmark Canada for Aboriginal, energy, and natural resources litigation. He was named Aboriginal Litigator of the Year by Benchmark Canada (2013–14, 2017, 2020) and Aboriginal Law Lawyer of the Year in Vancouver (2019) by Best Lawyers. He is a member of the Bars of BC, Nunavut, NWT, and Yukon.
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Top 10 Cases of 2019-2020
Canadian courts delivered several hard-hitting decisions affecting Canadian businesses in 2019 and 2020, including the long-awaited release of the Supreme Court of Canada’s administrative law trilogy
Achieving true consultation
Courts have emphasized that the Indigenous consultation standards on both governments and proponents of pipeline and other infrastructure projects are high but achievable
On July 26, 2018, Teck Resources Ltd. (Teck) completed the sale of its remaining two-thirds interest in the Waneta Hydroelectric Generating Facility to BC Hydro (BC Hydro) for $1.2B.
On October 17, 2017, Coeur Mining, Inc. (Coeur), a public gold and silver company listed on the New York Stock Exchange acquired all of the outstanding shares of JDS Silver Holdings Ltd. (JDS Silver), a private British Columbia silver mining company, for aggregate consideration of up to US$250 million pursuant to a plan of arrangement.