A human rights lawsuit alleging slavery and torture has been settled outside of court with a Canadian mining company for an undisclosed but “significant” amount, according to Amnesty International.
In February 2020 the Supreme Court of Canada ruled the case could be heard in B.C. despite the fact it involved events in Africa.
The terms of the settlement remain confidential but human rights advocates say the outcome of this legal proceeding will resonate.
Tara Scurr is the business and human rights campaigner for Amnesty International Canada.
She says this case — brought forward by three refugees from Eritrea — involved allegations of torture, slavery and other human rights abuses.
Precedent-setting case
The fact that the Canadian mining company opted to settle the dispute will send a message.
“It’s a precedent-setting case. It’s the first time that level of human rights abuse has been brought before a Canadian court for the activities of a Canadian extractives company overseas,” said Scurr.
She said this serves as an example that such cases can be heard in Canada and result in significant settlements with corporations.
Nevsun Resources’ gold and copper mine in the Bisha mining district in northern Eritrea, adjacent to Sudan. (CBC)
The case was first filed in 2014 by former mine workers Gize Yebeyo Araya, Kesete Tekle Fshazion and Mihretab Yemane Tekle.
The trio of Eritrean refugees alleged that Nevsun was responsible for benefiting from human rights abuses including slavery, forced labour, torture and crimes against humanity during construction of its copper and gold mine in Eritrea.
Amnesty International said in a news release that the terms of the settlement between the company and the three refugees are confidential.
The secretary general of Amnesty International Canada lauded the courage of the mine workers who came forward with their “horrific” experiences in a “groundbreaking” lawsuit.
“These individuals helped pave the way for corporate accountability overseas. Canadian companies must take responsibility for alleged human rights abuses associated with their operations, not just on Canadian soil, but anywhere in the world,” said Ketty Nivyabandi.
SCOC allowed it to proceed in B.C.
In a landmark ruling, the Supreme Court dismissed Nevsun’s appeal of the case and allowed it to proceed in B.C., affirming that international law applied to both states and corporations and making it clear that companies can be tried in Canada over serious allegations in other countries.
During the proceedings Nevsun denied that the company or any subsidiaries enlisted the Eritrean military to build the mine or supply labour, and said the refugees behind the court action were not mistreated.
B.C. courts dismissed Nevsun’s attempts to make Eritrea the forum for the lawsuit.
In its March decision, the Supreme Court rejected the company’s argument that Canadian courts are precluded from assessing the sovereign acts of a foreign government, including Eritrea’s national military service program.
The court also noted that customary international law — the common law of the international legal system — embraces fundamental norms, including prohibitions against slavery, forced labour and cruel, inhuman or degrading treatment.
Scurr said the trio who first brought the case continue to suffer trauma because of their experiences.
She said workers described being bound and beaten, tied up in the hot sun and left for hours, while earning about $30 US per month. There was no sick leave and they faced retribution that affected their families if they took any leave.
She said the settlement is a relief for the families, despite the fact details about who was involved won’t be publicized.
“It saves them giving testimony, giving evidence, having every single issue scrutinized and debated while they are still recovering from the terrific abuses they suffered. In fact, fantastic for them that the case has been settled. I know that they are very happy.”
CBC reached out to former Nevsun executives who declined comment.
Requests to Zijin Mining Group Company, a Chinese company that acquired Nevsun in 2018 for $1.9 billion, have gone unanswered.
In previous statements, Nevsun denied all allegations and said it planned to “vigorously defend itself in court.”
VANCOUVER – Contract negotiations resume today in Vancouver in a labour dispute that has paralyzed container cargo shipping at British Columbia’s ports since Monday.
The BC Maritime Employers Association and International Longshore and Warehouse Union Local 514 are scheduled to meet for the next three days in mediated talks to try to break a deadlock in negotiations.
The union, which represents more than 700 longshore supervisors at ports, including Vancouver, Prince Rupert and Nanaimo, has been without a contract since March last year.
The latest talks come after employers locked out workers in response to what it said was “strike activity” by union members.
The start of the lockout was then followed by several days of no engagement between the two parties, prompting federal Labour Minister Steven MacKinnon to speak with leaders on both sides, asking them to restart talks.
MacKinnon had said that the talks were “progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved” — a sentiment echoed by several business groups across Canada.
In a joint letter, more than 100 organizations, including the Canadian Chamber of Commerce, Business Council of Canada and associations representing industries from automotive and fertilizer to retail and mining, urged the government to do whatever it takes to end the work stoppage.
“While we acknowledge efforts to continue with mediation, parties have not been able to come to a negotiated agreement,” the letter says. “So, the federal government must take decisive action, using every tool at its disposal to resolve this dispute and limit the damage caused by this disruption.
“We simply cannot afford to once again put Canadian businesses at risk, which in turn puts Canadian livelihoods at risk.”
In the meantime, the union says it has filed a complaint to the Canada Industrial Relations Board against the employers, alleging the association threatened to pull existing conditions out of the last contract in direct contact with its members.
“The BCMEA is trying to undermine the union by attempting to turn members against its democratically elected leadership and bargaining committee — despite the fact that the BCMEA knows full well we received a 96 per cent mandate to take job action if needed,” union president Frank Morena said in a statement.
The employers have responded by calling the complaint “another meritless claim,” adding the final offer to the union that includes a 19.2 per cent wage increase over a four-year term remains on the table.
“The final offer has been on the table for over a week and represents a fair and balanced proposal for employees, and if accepted would end this dispute,” the employers’ statement says. “The offer does not require any concessions from the union.”
The union says the offer does not address the key issue of staffing requirement at the terminals as the port introduces more automation to cargo loading and unloading, which could potentially require fewer workers to operate than older systems.
The Port of Vancouver is the largest in Canada and has seen a number of labour disruptions, including two instances involving the rail and grain storage sectors earlier this year.
A 13-day strike by another group of workers at the port last year resulted in the disruption of a significant amount of shipping and trade.
This report by The Canadian Press was first published Nov. 9, 2024.
The Royal Canadian Legion says a new partnership with e-commerce giant Amazon is helping boost its veterans’ fund, and will hopefully expand its donor base in the digital world.
Since the Oct. 25 launch of its Amazon.ca storefront, the legion says it has received nearly 10,000 orders for poppies.
Online shoppers can order lapel poppies on Amazon in exchange for donations or buy items such as “We Remember” lawn signs, Remembrance Day pins and other accessories, with all proceeds going to the legion’s Poppy Trust Fund for Canadian veterans and their families.
Nujma Bond, the legion’s national spokesperson, said the organization sees this move as keeping up with modern purchasing habits.
“As the world around us evolves we have been looking at different ways to distribute poppies and to make it easier for people to access them,” she said in an interview.
“This is definitely a way to reach a wider number of Canadians of all ages. And certainly younger Canadians are much more active on the web, on social media in general, so we’re also engaging in that way.”
Al Plume, a member of a legion branch in Trenton, Ont., said the online store can also help with outreach to veterans who are far from home.
“For veterans that are overseas and are away, (or) can’t get to a store they can order them online, it’s Amazon.” Plume said.
Plume spent 35 years in the military with the Royal Engineers, and retired eight years ago. He said making sure veterans are looked after is his passion.
“I’ve seen the struggles that our veterans have had with Veterans Affairs … and that’s why I got involved, with making sure that the people get to them and help the veterans with their paperwork.”
But the message about the Amazon storefront didn’t appear to reach all of the legion’s locations, with volunteers at Branch 179 on Vancouver’s Commercial Drive saying they hadn’t heard about the online push.
Holly Paddon, the branch’s poppy campaign co-ordinator and bartender, said the Amazon partnership never came up in meetings with other legion volunteers and officials.
“I work at the legion, I work with the Vancouver poppy office and I go to the meetings for the Vancouver poppy campaign — which includes all the legions in Vancouver — and not once has this been mentioned,” she said.
Paddon said the initiative is a great idea, but she would like to have known more about it.
The legion also sells a larger collection of items at poppystore.ca.
This report by The Canadian Press was first published Nov. 9, 2024.
