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1 Nov 2016

Keith Fraser, Vancouver Sun, on Montreal Gazette (Canada)

Seven men allegedly shot during protest at a Canadian-owned mine in Guatemala appeal stay ruling

Lawyers for seven men allegedly shot during a protest against a Canadian-owned mine in Guatemala were in court Tuesday attempting to overturn a decision staying their lawsuit in B.C.  In November 2015, B.C. Supreme Court Justice Laura Gerow agreed with lawyers for Tahoe Resources Ltd. — a Vancouver-register mining company — that the case would be better heard in the Central American country.  The plaintiffs, all Guatemalan citizens, had sued the company for damages, claiming they were shot by mine security personnel...They argued that the case should be heard in a Canadian court because they lacked faith in the Guatemalan legal system to hold the company accountable.  But the judge found that Guatemala was clearly the more appropriate forum for the determination of the issues in dispute and stayed the legal action.  The plaintiffs launched an appeal of Gerow’s decision...“The plaintiffs seek justice in the courts in British Columbia against Tahoe, the owners of the mine, because they face barriers to justice in Guatemala,”...The plaintiff’s lawyer told the panel that Gerow had incorrectly put the plaintiffs to the test of showing that justice could never be done in Guatemala...