A Resounding Win for Corporate Accountability at the SCC! Nevsun v. Araya Ruling Released

On February 28, 2020, the Supreme Court of Canada released its decision in Nevsun Resources v Araya et al (link: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/18169/index.do). The plaintiffs in this case are Eritrean refugees seeking to hold Vancouver-based mining company Nevsun Resources Ltd. accountable for its alleged complicity in the systematic human rights abuses, including slavery, torture, and forced labour, that took place at the Bisha gold mine in Eritrea. 

The mining company challenged the ability of Canadian courts to rule on these allegations, which it states were the acts of the Eritrean government. This is the first time that Canadian courts have considered this defence, known as the "act of state" doctrine. The IHRP intervened at the Supreme Court of Canada, represented by alumnus Cory Wanless (JD 2008) of Waddell Phillips PC, Professor Audrey Macklin, and former research associate Yolanda Song (JD 2017), to argue that corporations cannot rely on this defence in Canadian courts. 

The IHRP legal team at the Supreme Court of Canada. Left to right: Yolanda Song (JD 2017), Madeline Torrie (2L), Nicole Thompson (2L), Cory Wanless (JD 2008).

In a resounding win for corporate accountability for human rights abuses, the Supreme Court of Canada agreed with the IHRP and has allowed the plaintiffs' claim to proceed. Canadian companies that cooperate with foreign governments to commit human rights violations in the name of profit are not immune to legal responsibility for their actions. The SCC also ruled that the plaintiffs may be able to advance claims based in customary international law in Canadian courts. 

Other interveners include EarthRights International together with the Global Justice Clinic at New York University School of Law; MiningWatch Canada; Amnesty International Canada together with the International Commission of Jurists; and the Mining Association of Canada.

For more information:

https://ihrp.law.utoronto.ca/holding-canadian-mining-companies-accountable-ihrp-intervenes-nevsun-resources-v-araya 

https://ihrp.law.utoronto.ca/blog/long-struggle-justice-canada-reflections-nevsun-hearing-supreme-court