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Nevsun Resources Limited v. Araya 2020 SCC 5

Document Cited in Related
Vincent
DOI10.3366/gels.2020.0037
Published date01 August 2020
Pages248-251
Date01 August 2020
Introduction

Decisions passed by courts serve as an important source for understanding how the concepts of energy justice are applied in practice. Mining is an important source of economic revenue but the practices of companies in the industry regularly fall short of international human rights norms and standards.1 The economic importance of the mining sector can obscure some harsh realities facing the communities which bear the social and environmental cost of hosting mining projects. Court cases shed light on these realities and indicate that there is still cause for society to demand more justice in the sector.

On the whole, courts are the key institutions contributing to the achievement of justice in the legal system. Courts are also vital for the specific purpose of holding companies accountable for the harm they cause to society. Thus, court cases are a good source for observing energy justice in practice. Among the core concepts underlying energy justice is the notion of restorative justice.2 A concept usually applied in criminal law, restorative justice seeks to repair the harm done to society using the legal system. Courts play a vital role in achieving restorative justice.

The above are among the reasons Nevsun Resources Limited v. Araya3(hereafter referred to as Nevsun) is a noteworthy decision that happened just recently in February 2020 in the Canadian Supreme Court. Further, because promoting workers’ fundamental human rights has been identified by the International Labour Organisation (‘ILO’) in the guidelines for a just transition,4 the issues in Nevsun are key issues for discussion of the just transition to a low-carbon economy, a major goal of societies worldwide. The case also shows the use of international law rules and norms as tools in the pursuit of energy justice. Insights can be drawn from the facts and issues in the case where a key question arises over whether a Canadian company can be held accountable in Canada for its abuse of international law in its activities abroad; and after the Supreme Court decision, the answer is yes.

 Facts and issues in <italic toggle="yes">Nevsun</italic>

In this case, Eritrean workers commenced legal action against Nevsun Resources Limited, a Canadian corporation based in in British Columbia. The workers alleged they were forced to work at mine owned by Nevsun Resources in Eritrea and subjected to violent, cruel, inhuman and degrading treatment. They sought damages for harm resulting from breaches of domestic torts and...

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