Canada Opens its Courts to Overseas Human Rights Abuses

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Friday, June 5, 2020
Author: 
Peter Bowal and Thomas D. Brierton
Volume: 
36
Issue: 
6
Abstract: 
On February 28, 2020, the Supreme Court of Canada by a five-to-four majority in its Nevsun Resources Ltd v Araya decision, refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea.  Canadian courts are open to hear claims under Canadian law for wrongs committed outside Canada.