Today the question of whether it will be possible to bring a case against Nevsun for allegedly using ‘slave labour’ at its Bisha mine in Eritrea will be heard by the Canadian Supreme Court.

This is a technical issue – can it be heard in Canada?

This note explains the issues.

Case Note_ Case of Araya v. Nevsun Resources Ltd in the Canadian Courts

This is the conclusion, which is interesting

The Supreme Court’s decision could very well open the door to a new customary international law action in Canada. If the Court denies Nevsun’s appeal and upholds the lower courts’ decision, it affords the Plaintiffs the opportunity to prove the legal basis for their customary international law claim. Proving this claim will not be easy but, if the Plaintiffs succeed, Canadian courts will, for the first time, provide judicial remedies for victims of a corporation’s customary international law violations.




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