BILL C-323 INFO
Bill C-323 is an Act to Amend the Federal Courts Act (international promotion and protection of human rights) sponsored by NDP MP Peter Julian of Burnaby-New Westminster. This is an innovative bill similar to the U.S. Alien Torts Claims Act. The bill calls for extending the authority of the Federal Court system to compensate all persons including foreign citizens for a broad range of human rights violations committed by Canadian and non-Canadian corporations and persons operating outside Canada. It would allow lawsuits in Canada for a host of universal human rights violations, such as genocide and torture, as well as activities that significantly destroy the environment or violate key international labour rights.
Currently, it is extremely difficult to bring such actions against Canadian companies in Canadian courts and almost impossible if the company is not a Canadian one. This is particularly important because many companies act through subsidiaries based in other countries, thereby shielding themselves from responsibility under Canadian law.
The Bill also provides that there is no limitation period for such actions and prevents successful forum non conveniens motions where it is clear that the relevant non-Canadian judicial system will not produce a just result.
This Bill is hailed by many as the legislation that would help individuals in other countries to sue Canadian (and other) companies for labour, human rights, environmental, health, and other injuries and abuses. This is particularly relevant in the mining sector because Canadian mining companies have a bad worldwide reputation for being engaged in a variety of human rights, Indigenous rights, and environmental abuses.
The current situation is unacceptable. Here’s why:
- local governments and judicial systems are often corrupt and do not act in the public interest
- companies doing business abroad will take every advantage of the local weaknesses
- companies seldom, if ever, obtain Free Prior and Informed Consent from local communities before proceeding with a project
- workers at mining projects, which are some of the most dangerous jobs in the world, are paid little and forced to sign agreements that they will not, in any way, oppose the project
- damage caused by companies acting abroad are tremendous and have direct, serious, and disastrous effects on local communities
- local communities are often left destroyed, diseased, and suffering long-term effects of chronic pollution and toxins, social disarray, and physical and psychological exhaustion
- when companies complete their projects, the local communities are left with high rates of unemployment, environmental destruction, and serious health problems
- opposition to projects, including mining projects, are often forcibly shut down by hired guns and sometimes fatal to those who speak up
- companies are able to successfully hide behind the corporate veil and jurisdictional immunity and create chains of subsidiary corporations to avoid civil responsibility for their actions and the actions of security forces they hire locally
There is currently no recourse for the local communities in Canadian courts for such abuses. Essentially, the companies are not answerable to anyone for their actions.
THIS MUST STOP.
More information on the bill: LEGISinfo.
More information on mining and mining injustice: Mining Watch, Amnesty International, Rights Action, Mining Injustice Solidarity Network, ProtestBarrick.
