CLAIHR Blog articles about mining, oil, gas, and the extractives industry.
Nevsun Resources Ltd. v. Araya: What the Canadian Supreme Court decision means in holding Canadian companies accountable for human rights abuses abroad
By James Yap, CLAIHR President
This post originally appeared on the blog of the Business and Human Rights Resource Centre (BHRRC).
Momentum continues to gather for transnational human rights litigation brought in Canadian courts against Canadian corporations, with the release on February 28 2020 of the Supreme Court of Canada’s decision in Nevsun Resources Ltd. v. Araya.
The key legal takeaways from the decision can be summarized as follows:
• There is no independent act of state doctrine[1] in Canadian common law (unanimous)
• Violations of customary international law may be civilly actionable in Canadian courts (5-4 majority)
• Rules of customary international law that are binding on individuals are also binding on corporations (5-4 majority)
The decision looks to be foundational in terms of the treatment of customary international law in Canadian common law courts. This and certain other aspects of the decision, notably the ruling on corporate liability under international law, may also have implications further afield.
