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Article

6 Oct 2016

Author:
Nelson Bennett, Business in Vancouver

Court allows Eritrean mine workers to sue Nevsun

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In a decision that is likely to have every Canadian mining and oil and gas company that operates in a developing country sitting up and taking notes, the BC Supreme Court today ruled that a civil action brought by three Eritrean workers against Vancouver’s Nevsun Resources...On October 6, Justice Patrice Abrioux rejected Nevsun’s move to dismiss the case...The ruling may set an important precedent for Canadian companies operating outside of Canada. More than three-quarters of the world’s mining and exploration companies are based in Canada and operate in 100 countries...“The Nevsun case is the first case of this kind against an extractive company that had been operating overseas, in this context, to go forward.”...Canadian courts have jurisdiction to try Canadian companies for alleged criminal acts that occurred in other countries, but have been reluctant to do so...In rejecting Nevsun’s motion to have the action against it dismissed, Abrioux said there was some doubt that the three Eritreans would get a fair trial in Eritrea”...Nevsun said it is studying the court’s decision and considering appealing it.

Part of the following timelines

Canadian court allows lawsuit against Nevsun for forced labour in Eritrea mine to continue

Nevsun lawsuit (re Bisha mine, Eritrea)