(Reuters) – Canada’s top court on Friday said a lawsuit filed by Eritrean workers against miner Nevsun Resources Ltd. can be continued. This decision paves the way for domestic lawsuits to be brought against Canadian companies accused of abuse abroad.
Lawyers and civil society groups hailed the court’s 5-4 decision as a landmark victory.
Canada’s Supreme Court dismissed an appeal by Nevsun, saying a lawsuit filed by three Eritrean workers against the miner over alleged human rights abuses could go ahead.
The plaintiffs, who were employed by Nevsun at the Bisha gold mine in Eritrea, Africa, allege slavery, forced labor and crimes against humanity at the company.
“It sends a clear message that if you become involved or involved in human rights abuses abroad, you could be sued in Canada,” said plaintiff attorney Joe Fiorante of the Vancouver law firm Camp Fiorante Matthews Mogerman LLP.
Nevsun, bought by China’s Zijin Mining Group Co Ltd (601899.SS) last year, has denied the allegations.
After a string of environmental incidents and allegations of human rights abuses, non-governmental groups have been calling for more oversight of Canadian mining companies overseas for years.
Another lawsuit against Hudbay Minerals Inc (HBM.TO) for alleged abuses in Guatemala is ongoing.
Nevsun appealed a ruling by the British Columbia Court of Appeals, arguing that the lower courts did not have the authority to rule on the lawsuit. It cited a doctrine that says courts in one country are not allowed to decide what another country is doing.
In its Friday ruling, the Supreme Court said the lawsuit could proceed and that the trial judge must decide whether Nevsun violated customary international law. (bit.ly/2wgns5O)
Vancouver-based company Nevsun said in a statement Friday it did not intend to comment further on the ruling. She added that she expects a hearing on the claims and those of other similar plaintiffs in British Columbia’s Supreme Court in September 2021.
Reporting by Jeff Lewis in Toronto and Shradha Singh in Bengaluru; Adaptation by Saumyadeb Chakrabarty and Tom Brown
“Coffeeaholic. Lifelong alcohol fanatic. Typical travel expert. Prone to fits of apathy. Internet trailblazer.”