| Nevsun Resources Ltd v Araya | |
|---|---|
 | |
| Hearing: January 23, 2019 Judgment: February 28, 2020 | |
| Full case name | Nevsun Resources Ltd v Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle |
| Citations | 2020 SCC 5 |
| Docket No. | 37919 [1] |
| Prior history | Judgment for Araya et al in the British Columbia Court of Appeal, 2017 BCCA 401 Judgment for Araya et al in the Supreme Court of British Columbia, 2016 BCSC 1856 |
| Ruling | Appeal dismissed |
| Holding | |
| |
| Court membership | |
| Chief Justice | Richard Wagner |
| Puisne Justices | Rosalie Abella, Michael Moldaver, Andromache Karakatsanis, Clément Gascon, Suzanne Côté, Russell Brown, Malcolm Rowe, Sheilah Martin |
| Reasons given | |
| Majority | Abella J, joined by Wagner CJ and Karakatsanis, Gascon, and Martin JJ |
| Concur/dissent | Brown and Rowe JJ |
| Dissent | Côté J, joined by Moldaver J |
Nevsun Resources Ltd v Araya, 2020 SCC 5 is a landmark[2] case in which the Supreme Court of Canada held, in a 5–4 decision, that a private corporation may be liable under Canadian law for breaches of customary international law committed in other countries.[3]
The case concerned human rights violations allegedly committed against workers at an Eritrean mine majority-owned by Nevsun Resources, a Canadian firm. The Supreme Court held that the alleged victims' case against Nevsun could proceed in the courts of British Columbia.[4] It also established that the act of state doctrine is not recognized in Canadian law.[5]
- ^ SCC Case Information - Docket 37919 Supreme Court of Canada
- ^ Cura, Kimberly A. F.; Damstra, Jacob R. W. (March 3, 2020). "Canadian Corporations May be Held Liable for Breaches of Public International Law". Lerners LLP. Archived from the original on June 24, 2020. Retrieved June 21, 2020.
- ^ Beedell, Jeff; Tamrat, Wudassie (March 12, 2020). "Supreme Court of Canada Case in Depth: Nevsun Resources Ltd. v. Araya, 2020 SCC 5". Gowling WLG. Archived from the original on June 21, 2020. Retrieved June 21, 2020.
- ^ Nevsun SCC at para 132.
- ^ Nevsun SCC at para 59.