From award-winning deals to long-term partnerships, lawyers are ensuring projects are sustainable
The federal government’s acceleration of infrastructure and energy investment has sparked essential debates about balancing speed and efficiency with environmental and social considerations – especially the vital role of Indigenous consultation and involvement. These are daunting challenges, but as I reflect on the pace and complexity of Canada’s energy transition, I am more confident than ever that our country is well equipped to navigate this new era. What gives me optimism is not just the scale of these projects, but the depth of legal expertise and innovative thinking that Canadian lawyers bring to the table.
In recent months, I’ve interviewed some of the legal minds behind the country’s most significant energy deals. Their stories reveal a sector that is not only rising to the challenge of rapid change but also setting new standards for collaboration, inclusion, and strategic foresight.
Take, for example, the monumental corporate transformation at TC Energy. Michael Barrett, a partner at Blake, Cassels & Graydon LLP, described the “transactional tightrope act” behind the Capital Markets Deal of the Year at the Canadian Law Awards. “You have the largest and second-largest Canadian bond offerings occurring more or less at the same time. We've never seen anything like it,” Barrett told me. The legal choreography required to spin off South Bow Corporation while refinancing the Coastal GasLink Pipeline was, as he put it, “a legal Rubik’s Cube, each twist constrained by tax law, cross-border regulations, and capital markets requirements.” What struck me most was Barrett’s emphasis on proactive planning and partnership: “We were trying to look two steps ahead and see what potential challenges could occur… and address them now, as opposed to respond to them later.”
But it’s not just about big numbers and complex structures. The future of energy in Canada depends on building genuine partnerships with Indigenous communities and ensuring that projects deliver social and economic value. Stephanie Leung, senior legal counsel at Enbridge, is helping to define what that looks like in practice. In our conversation for Canadian Lawyer, Leung highlighted the Seven Stars Energy Project – a partnership with five Indigenous nations and a Métis nation to build a wind farm in Saskatchewan. “We are equal partners together in building this project, and it’s for the long term,” she said. Leung’s approach to collaboration, diversity, and legal operations sets a new standard for how in-house counsel can drive business value and social impact.
The Kingsvale Transmission Line project offers another powerful example of innovation and reconciliation in action. Bob Jensen, who led the legal work for Trans Mountain, called it “the most satisfying transaction of my career.” The deal, which saw the Lower Nicola Indian Band become the majority owner of a high-voltage transmission line, was recognized as Mid-Market Deal of the Year at the Canadian Law Awards. Jensen explained, “To my knowledge, it’s the first transaction… where an Indigenous group owns a majority interest in an equity ownership of major infrastructure.” The transaction required creative solutions to financing and insurance barriers, as well as extensive consultation and accommodation with multiple Indigenous groups. As Jensen said, “These economic opportunities are all part of making reconciliation work.”
Legal leadership in the energy sector is also about managing complexity and driving strategic change. Vincent Light at TransAlta, for example, described the core challenge to me as “balancing reliability, affordability, and decarbonization.” In our Lexpert interview, Light emphasized the importance of pragmatism: “It’s not just about the legally correct solution. It’s about finding what the business wants to do, because ultimately, TransAlta is in the business of generating megawatts, not litigation.”
Monic Pratch at FortisBC has shown how in-house counsel can shape governance, Indigenous relations, and environmental compliance from the ground up. “For over 25 years, we've been following [our statement of Indigenous principles],” she told me in our Lexpert interview. The company’s partnerships with First Nations touch every major project and daily operations.
Finally, Christy Elliott at Keyera is redefining the general counsel’s role as a business leader. “Legal, sustainability, and external affairs strategies can’t be siloed – they must be ‘enterprise strategies’ that demand a deep understanding of the business and a seat at the executive table,” she said in our recent Lexpert conversation. Elliott advises young lawyers to “stay curious about your client” and “advocate for yourself.”
What unites these leaders is a willingness to challenge assumptions, push for change, and build partnerships that deliver lasting value. Their stories make me confident that Canada’s energy future is bright and in skillful hands. As we accelerate into this new era, our legal community's expertise, creativity, and pragmatism will ensure that our progress is both ambitious and inclusive.
