In its February 28, 2020 decision Nevsun Resources Ltd. v.
Araya, the majority of the Supreme Court of Canada (the Court)
dismissed a motion to strike a proceeding started against Nevsun
Resources Ltd. (Nevsun) for actions that took place in Eritrea,
opening the door for litigation in Canada to hold corporations
civilly liable for breaches of international human rights law. This
decision has important implications for Canadian companies
operating in foreign jurisdictions.
Background
Nevsun brought a motion to strike pleadings filed in British
Columbia by three Eritrean workers who claim they were conscripted
through their military service to work at Nevsun's Bisha mine
in Eritrea, which is operated under a joint venture with an
Eritrean state-owned enterprise.
