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Nevsun Resources Ltd. v. Araya

Canada Supreme Court
2020 SCC 5 (2020)

Written by Jamie Milne, JD

Facts

Three Eritrean nationals (the nationals) (plaintiffs) claimed that while they were conscripted in the Eritrean military, they were forced to work in a mine in Eritrea owned by Nevsun Resources Ltd. (Nevsun) (defendant), a Canadian company. They also claimed that while working in the mine, they were subjected to cruel, violent, and degrading treatment. The nationals sued Nevsun in a Canadian trial court, seeking damages for Nevsun’s alleged breaches of customary-international-law prohibitions against forced labor, slavery, cruel and inhuman or degrading treatment, and crimes against humanity. Nevsun moved to dismiss the suit, arguing that the nationals’ claims had no reasonable prospect of success in part because customary international law regulated state actors, not private corporations. The trial court denied the motion to dismiss, and the appeals court affirmed that decision. Nevsun appealed to the Canada Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Abella, J.)

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