The NDP MP for New Westminster-Burnaby wants the “bad apples” in Canada’s mining industry to be held accountable for any human rights abuses conducted overseas.
Peter Julian has tabled Bill C-331, which would amend the Federal Courts Act to allow foreign nationals to bring forward tort claims in Canada that take place abroad. The legislation, based on the United States’ Alien Tort Claims Act, would allow the Federal Court and the Federal Court of Appeal to hear and decide the cases.
“It would allow those poor citizens to sue those companies when there are really egregious cases of human rights abuse,” said Julian, noting countries like Honduras.
The MP said the cases brought forward would only be from countries where democracy doesn’t exist and where there is no court system in place. The company in question wouldn’t necessarily have to be Canadian, but it would have assets in Canada.
“It’s primarily in the mining industry we’ve seen the killings of union activists or environmental activists or systemic rapes and sexual abuse, or appalling environmental crimes where toxic chemicals go into the drinking water and people get sick, and even die sometimes,” explained Julian. “We have to make sure that high standards are maintained for our companies overseas, and this is a way for achieving that.”
In 2011, guards employed by Toronto-based Barrick Gold (the largest gold producer in the world) at their Porgera Mine in Papua New Guinea were implicated in alleged gang rapes and other violent crimes. Critics, like Human Rights Watch, argued Canada wasn’t doing enough when it came to imposing “greater government oversight.”
And that has given Canada somewhat of a “black eye,” according to Julian, who hopes his bill will change the narrative.
“There’s no doubt that it’s a blemish on the Canadian record. Us putting this type of legislation in place shows the rest of the world that we take it seriously,” he told the Record, adding Bill C-331 has been endorsed by the Canadian Association of Labour Lawyers.
In the new year, Julian has received a few invites to speak on the bill. It could move up in the House of Commons if it receives enough public support, if it gets drawn during the private members’ bill lottery or if the Liberal government takes it and makes it its own.
“There are lots of opportunities for getting this bill through and having Canada set higher standards than the vast majority of countries in the world,” he said.
