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Article

24 Jan 2019

Author:
Kathleen Harris, CBC News

Top court weighs precedent-setting case of human rights breaches at Canadian mine in Eritrea

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The Supreme Court of Canada heard arguments today in what could be a precedent-setting case for Canadian companies that do business abroad... B.C.-based mining company Nevsun Resources Ltd. is being sued for its alleged complicity in the forced labour, slavery and torture of workers at the Bisha gold, zinc and copper mine in Eritrea... Nevsun lawyer Mark Andrews said today it is "beyond debate" that the fundamental complaint is about the conduct of Eritrea, and warned of the dangers of having a Canadian court pass judgment on the acts of a foreign state.

... Last year, the Liberal government announced new initiatives to strengthen Canada's approach to responsible business conduct for Canadian companies operating abroad, including a new office of the Canadian Ombudsperson for Responsible Enterprise. A year later, the position remains vacant... NDP MP Peter Julian has proposed a private member's bill that would give the Federal Court authority to hear civil cases involving alleged human rights abuses involving Canadian companies operating abroad.

... Paul Champ, a lawyer for Amnesty International Canada... said the case points to a "new problem" that has emerged in the last 20 years about corporate responsibility amid increased globalization. "Broadening activities by corporations have not been addressed thus far, and it's our submission that this is how the common law must evolve to address that problem," he said.

Part of the following timelines

Canada creates Ombudsperson & multi-stakeholder advisory body to strengthen responsible business conduct abroad

Canada Supreme Court hearing on jurisdiction in case against Nevsun over allegations of forced labour at mine in Eritrea

Nevsun lawsuit (re Bisha mine, Eritrea)