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ARTICLE · 25 MARCH 2020

Supreme Court Of Canada Case In Depth: Nevsun Resources Ltd. v. Araya, 2020 SCC 5.

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On February 28, 2020, the Supreme Court of Canada rendered its decision in Nevsun Resources Ltd. v. Araya. After a reserve of almost 13 months

CanadaLitigation, Mediation & Arbitration
Jeff Beedell
Jeff Beedell
Wudassie Tamrat
Wudassie Tamrat
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On February 28, 2020, the Supreme Court of Canada rendered its decision in Nevsun Resources Ltd. v. Araya. After a reserve of almost 13 months, the Court rendered judgment with a 5-2-2 split. The majority's reasons were delivered by Abella J., with Brown and Rowe JJ. dissenting in part, and Côté and Moldaver JJ. dissenting in full.

The case raises the following key question – can a private, non-state actor be held liable in Canada for its alleged breaches of international law abroad? According to the majority in Nevsun, the answer is yes. Not only can a private non-state actor be held liable for a breach of key customary international legal norms, these norms can also form the proper basis for novel claims in Canada. In reaching this conclusion, the majority also clarified that Canadian courts are free to decide matters relating to the actions of a foreign state as long as the foreign state is not a party to the proceedings in question.

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