
Publication
Scams in superannuation: Integrating operational and strategic resilience
Scammers are increasingly using advanced tools to target superannuation assets, endangering members' retirement savings.
Global | Publication | December 2016
In the recent decision of Araya v Nevsun Resources Ltd., the British Columbia Supreme Court has refused to strike proceedings based on human rights abuses alleged to have occurred at a mine located in Eritrea and owned and operated by an indirect subsidiary of a Vancouver-based mining company, allowing the claim to proceed to trial. The decision adds to others in Canada that have found a basis for foreign claimants to bring human rights-related lawsuits in Canada based on international standards and tort, even when the alleged harm takes place in another country. This decision reinforces the need for Canadian companies operating abroad to understand how human rights issues can create legal risks in Canada.
Nevsun is the latest in a number of decisions that have considered whether allegations related to the behaviour of foreign subsidiaries, or the contractors and subcontractors of foreign subsidiaries, can be litigated in Canadian courts. These cases typically involve allegations of human rights abuses in foreign jurisdictions and have arisen predominantly in the extractive sector.
Similar claims are also beginning to appear outside the extractive sector in the context of global supply chains of retail companies, including in relation to the Rana Plaza disaster in Bangladesh.
These cases, and global trends promoting adoption of international standards on human rights due diligence such as the UN Guiding Principles, highlight the importance of forethought in how human rights are managed by Canadian companies. For example, Canadian companies should consider:
For further discussion and analysis of the Nevsun case and international human rights due diligence, see the full article here.
Publication
Scammers are increasingly using advanced tools to target superannuation assets, endangering members' retirement savings.
Publication
Since the early 20th century, Australian courts have emphasised the obligation for the Commonwealth to act as a ‘model litigant’ in court proceedings.
Publication
The destruction of the 46,000-year-old Juukan Gorge rock shelters in 2020 was a wakeup call for project proponents on the importance of successfully managing Aboriginal and Torres Strait Islander cultural heritage risks.
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