Human rights impacts of business operations will attract
scrutiny at home and abroad if not managed well. Effective human
rights management is thus a key element in minimizing a
company's reputational and, increasingly, legal risks.
Litigation and activism
There is increasing activity in both shareholder and
non-governmental organization (NGO) activism and litigation where
human rights issues are central. This includes several litigation
matters underway in Canada alleging tort damages for human
rights-related abuses occurring abroad. Claims have been brought in
Canada based on corporate connections to Canadian
jurisdictions.
Very little case law has emerged that defines the parameters of
the law for such claims, making the risks of such claims unknown.
One recent decision in Ontario, however, has opened the door to
such litigation, suggesting such tort claims could succeed
depending on the facts. No decisions have yet rebutted that
finding.
