The Supreme Court of Canada has rendered its decision in
Nevsun Resources Ltd. v Araya, stating that customary
international law (CIL) norms are directly incorporated into
Canadian law and that claims such as the ones advanced in this case
may be considered by Canadian courts.
The case involves a mine in Eritrea that is majority-owned and
-operated by a subsidiary of Nevsun, a Canadian company. At issue
in the appeal was whether Eritrean nationals who allege that they
were subject to forced labour in constructing the mine are entitled
to assert claims in Canada against the Canadian parent company.
In dismissing Nevsun's appeals, the Supreme Court found on
February 28, 2020, that it was up to the trial judge to decide
whether a Canadian parent company could be sued on the basis of a
civil claim that is grounded in international law. CIL norms, which
served as the basis of the claim under appeal, are generally formed
based on the actions of public actors, such as
