|
Are Canadian Companies Accountable for Human Rights Abuses Abroad?
For years, this question has loomed large, especially for communities impacted and harmed by Canadian resource extraction projects abroad. This question is equally true for global corporations, banks and investors from other global north countries, such as the U.S., France, Germany, England, Australia, etc.
The landmark Hudbay Minerals lawsuits directly challenged the historic impunity and immunity from legal accountability for Canadian companies. Then, the lawsuits set an important precedent in civil law for corporate accountability.
Join us for an insightful evening to delve into this pivotal legal battle. We'll explore:
- Human Rights Violations: Learn of the serious abuses linked to Hudbay and its subsidiary company CGN in Guatemala, which occurred on Maya Q'eqchi' lands near the Fenix mine. The three lawsuits, filed in Ontario in 2010 and 2011, addressed the 2009 killing of community leader Adolfo Ich and shooting and paralysis of Germán Chub by Fenix mine security chief Mynor Padilla, and the gang rapes of 11 Q'eqchi' women by soldiers, police and company security, during a violent 2007 eviction of their village.
- Legal Fight in Canada: Understand why the Hudbay Minerals lawsuits were groundbreaking, as victims sought justice in Canadian courts for harms committed thousands of miles away. It forced a critical examination of Canada as the appropriate jurisdiction in which to hold Canadian companies directly accountable, and of "piercing the corporate veil" and the potential for Canadian parent companies to be held responsible for the actions and omissions of their subsidiaries.
- Legal Fight in Guatemala: Understand the deeply inter-connected criminal trial in Guatemala against Mynor Padilla, Hudbay’s then head of security, for the killing of Adolfo Ich and shooting of German Chub. Learn how the Padilla trial made this entire global south–global north justice struggle more risky and complicated.
- The Precedent: Learn about the Ontario Superior Court's historic decision in 2013 to allow the Hudbay lawsuits to proceed, and its implications for other Canadian companies operating globally.
- The Settlement: Hear about the October 7, 2024 settlement which concluded the 14-year lawsuits in Canada. The plaintiffs feel vindicated by the resolution and all hope that the litigation will act as a warning to other companies.
Collective effort for justice
This historic pursuit of justice was made possible by the unwavering commitment of the 13 plaintiffs and their families, the crucial support of dedicated human rights organizations and activists, and the courageous work of lawyers in Canada and Guatemala.
Dedicated Legal Counsel: Lawyers Cory Wanless and Murray Klippenstein led the plaintiffs' under-funded legal team in Canada, challenging the "corporate veil" and jurisdictional issues, and successfully allowing victims to seek justice in a Canadian court. In Guatemala, Patricia Quinto – amidst trial-related discrimination, corruption and threats - led the legal work related to the Padilla criminal trial, and to helping the plaintiffs, Rights Action and lawyers in Canada resolve legal issues related to the Hudbay lawsuits in Canada.
Sustained Support, Solidarity and Advocacy: With deep ties to communities in Guatemala and Honduras, Rights Action was the key north-south link and partner of the 13 plaintiffs and the lawyers, reporting regularly about the lawsuits and criminal trial, funding and providing solidarity support to the plaintiffs and lawyers in Guatemala.
Countless organizations and individuals involved
It is hard to imagine how this core group would have prevailed in the over-lapping legal battles without vital support and activism provided by numerous organizations and individuals in Guatemala and Canada (and the U.S.), at different times over the course of the 15-year struggle. Amnesty International participated in the early years of the lawsuits in Canada, arguing in court for a "duty of care" owed by parent companies and highlighting Canada's reputation on the international stage.
This collaboration between the plaintiffs, lawyers in both countries, and Rights Action, all supported by like-minded individuals and organizations along the way, underscores the power of collective action in the pursuit of justice.
Why this matters
This case isn't just about one company, one industry or one community. It's about accountability and real justice, and the global reach of human rights struggles. It challenges us to consider:
- How can we ensure Canadian companies operate according to the highest human rights, environmental and legal standards worldwide?
- What is our role as citizens in demanding full and robust corporate accountability in both civil and criminal law?
- How can legal and advocacy efforts create real change for victims of human rights abuses?
- What is our role as citizens in a wealthy-powerful country of the global north, in demanding serious reforms to the global “free markets” / “free trade” economic model that lends itself directly to systemic human rights violations, environmental harms and corruption?
_____
Come prepared to listen, learn, and engage in a vital conversation about human rights and corporate power. 7pm ET, October 6, 2025, at 60 Lowther Avenue, Toronto. Donations to Rights Action will be welcomed.
More information
_____
Read more
Hudbay Minerals lawsuits: The “quiet period” is over
https://mailchi.mp/rightsaction/junejuly-2025-newsletter
THANK-YOU Rights Action supporters
Your donations and grants over 20 years, including 15 years of the lawsuits, directly helped achieve the successful resolution of the Hudbay lawsuits and prosecution of Mynor Padilla. While there are limitations with legal remedies, Rights Action is proud to have been part of, beginning to the end, this precedent-setting, hard fought for and costly struggle for a measure of real justice and corporate accountability.
|
